As accident attorneys, we encourage everyone to wear their seat belts because we want you to be safe. But, if you have already been injured in an auto accident, there are a couple of very important things that you need to know about how seat belts may factor into your case. Contrary to what you may have heard, failure to wear a seat belt will not hurt your case, in Maryland. If you were injured by a seat belt that malfunctioned or was improperly installed, you have the right to pursue compensation from the auto maker and others under product liability. In either situation, our Hagerstown motor vehicle accident attorneys are here to protect your rights.
No Seat Belt Defense in Maryland
State vary greatly in how they treat auto accident victims who were not wearing seat belts. In a few states it is very difficult to recover any compensation if you were not wearing your seat belt. In many comparative negligence states, your compensation can be reduced because you were not wearing a seat belt. This is called the “seat belt defense” and insurance companies love to take advantage of it to get out of paying for accidents caused by negligent drivers.
Maryland law protects you from this injustice. Whatever you have heard from friends and family or what the insurance company representatives may have told you, failure to use a seat belt cannot be used against you in a civil case. Maryland’s seat belt law actually prohibits the mention of your seat belt use or non-use, by attorneys, witnesses, and others. It cannot be used to constitute contributory negligence and it cannot be used to reduce your compensation.
Defective Seat Belts
If you were injured by a seat belt that was improperly installed or that malfunctions, you can sue for your injuries under product liability. Examples of those who may be held responsible include:
- Auto manufacturer
- Distributer
- Factory branch
- Dealership
To learn more about your rights and potential compensation after an auto accident, please call the Hagerstown accident attorneys of Dolina Hobbs, LLC, at (301) 739-1013 or contact us online today.
