Injured driver not at fault failed to wear seatbelt.
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Injured driver not at fault failed to wear seatbelt.
The driver cited with a ticket turned left before the lane of oncoming traffic was clear. Another driver struck the driver at fault. The driver at fault and his passenger were wearing a seat belt and obtained no injuries. The driver not at fault and his passenger were not wearing seat belts and were taken to the hospital.The driver at fault’s car attained much more damage than the driver not at fault, yet the two in the more damaged car were un-injured, because of their seat belt use.Due to the circumstances, will the driver who was not at fault be able to successfully sue?
Asked on May 16, 2009 under Accident Law, Kansas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I don't understand. Who told you the driver was not at fault? Merely because he or she was driving straight? It doesn't work that way. The driver may be less at fault. If the driver truly was not at fault or less at fault, one can always sue. So the driver and passengers can sue. The issue becomes whether the suit is successful and if so, for how much.
Try www.attorneypages.com to get a personal injury attorney. This is the best method to review your case before you decide to move forward. Have you contacted both insurance companies? Was there a police report?
Think about these items.
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