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Failure To Wear A Seatbelt Could Bar Or Limit Your Recovery In A Personal Injury Action

In the State of California, all occupants infault and could serve as a bar to recovery in
a motor vehicle are required to wear aa personal injury action. If you are involved
seatbelt anytime the vehicle is in motion.in an accident through no fault of your own
Billboards up and down our freeways proclaimand injured, at some point, the question of
"Click  It  Or  Ticket".whether you were belted will undoubtedly come
up.
The fact is, seatbelts save lives! This is no
joke and California legislators in the lastThis is especially so if the injuries you
few years have passed legislation allowingsuffered are ones that could arguably have
peace officers not only to cite drivers whobeen prevented had you been wearing your
fail to wear their seatbelts, but to useseatbelt. Defense attorneys are sufficiently
one's failure to wear a seat belt as a basissavvy to know that while their client may
for a traffic stop in the absence of yourhave been the legal cause of the accident
committing any other offense. Notwithstandingcomplained of, they may not have been the
the provisions of the Vehicle Code thatlegal cause of the injuries claimed by the
require use of a seatbelt when operating orplaintiff. If the injured party would not
riding in a vehicle, your failure tohave been injured had he or she been wearing
buckle-up could seriously impact, if nota seatbelt, the fact that the accident was
limit your right to recovery in a personalthe fault of the defendant is of little to no
injury action if involved in an accident. Asconsequence. The injuries suffered were a
a matter of law, one who is negligent in thedirect result of the injured party's failure
operation of their vehicle is liable for allto wear his or her seatbelt. That being the
damage caused thereby. It is well known thatcase, the injured party is precluded from
everyone operating a vehicle on our roadwaysrecovering anything for these injuries. This
has an obligation to exercise due care so asconcept is not new however, with a new set of
to avoid causing an unreasonable risk of harmjury instructions recently adopted which more
to others. The breach of this dutyclearly spell out the law in this regard,
constitutes  negligence.jurors now have little difficulty grasping
this concept and have, of late, been more apt
Little known is the fact that everyoneto deny recovery to a plaintiff where it is
operating a vehicle on our roadways orshown that their injuries resulted from their
traveling as a passenger in a vehicle on ourown negligence in failing to buckle-up. At
roadways has a duty to avoid creating anEISENBERG LAW GROUP, we encourage everyone to
unreasonable risk of harm to themselves. Thebuckle up and drive safely.
breach of this duty constitutes comparative



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