Seatbelt Issues

The Use of the Seatbelt Defense in North Carolina Automobile Accident Lawsuits

Defense attorneys and adjusters often argue that the failure to wear a seatbelt will be used against an injured victim in a causation argument. North Carolina has a statute on this issue, which states:

Evidence of failure to wear a seat belt shall not be admissible in any criminal or civil trial, action, or proceeding except in an action based on a violation of this section or as justification for the stop of a vehicle or detention of a vehicle operator and passengers. N.C. Gen. Stat ' 20-135.2A (d) (emphasis added)

We fight the introduction of any evidence in this regard and if, for some reason, it is admitted, we attempt to show that many injuries would have occurred whether the seatbelt was in place or not and, in fact the injuries could have been as bad or even worse if the injured had the injured Plaintiff been belted.

If you or a loved one is in need of legal assistance, call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free at 1-866-772-9960 or submit an online questionnaire. A lawsuit must be filed before an applicable expiration date, so please call right away to ensure that you do not waive your right to possible compensation.