I Wasn’t wearing a Seat Belt
We often hear the phrase "I Wasn’t wearing a Seat Belt" in personal injury cases. When people are involved in a car accident, they may worry that because they weren’t wearing a seat belt, they can’t recover damages. Because it is the law to wear your seat belt, they think that this violation will result in their case being dismissed. This is not the case. Just because you weren’t wearing a seat belt does not automatically disqualify you from recovering damages. A Portland Personal Injury Lawyer can advocate on your behalf and work to downplay any factors that may be harmful to your case.
Contributory Negligence Explained by a Portland Personal Injury Lawyer
In Oregon, it will be up to a jury to assign fault in a case. They will examine the facts and make a determination as to how much each party contributed to the injury. If a person was not wearing a seat belt, the jury may decide that this contributed to the injury and assign a certain amount of fault to the plaintiff.
In order for a plaintiff to recover anything, they will need to be 49% or less responsible for the injuries. For instance, if a jury decides that the plaintiff is responsible for 35% of their injuries, the plaintiff will receive 65% of whatever amount the jury awards. If, however, the jury decides that the plaintiff is 50% at fault, the plaintiff will receive nothing. A Portland Personal Injury Lawyer will strongly advocate on your behalf, working to downplay any involvement you may have had in contributing to your injury.
If you have been hurt in an accident in Oregon, an attorney at Johnson Law, P.C. can help. For a free consultation with a Portland Personal Injury Lawyer, contact us right away.
