Does Not Wearing A Seat Belt Affect Your Accident Claim In Mississippi?

Dewayne Hopson is an attorney in Clarksdale, MS. This article is for informational purposes only and by reading this article you acknowledge this general information should not be construed as legal advice.

You are driving down the street minding your own business when, BAM, you are rear ended in the back by a driver following too close. Your injuries are more sever for this type of accident then they normally would be because you didn’t have your seat beat on.  You not only hurt your back from impact, you head hit the windshield because you did not have a seat belt on. Will this hurt your insurance claim because you didn’t have your seat belt on? Lets see what the law says.

Lucky in Mississippi, Mississippi law has stated that you will not be punish for not have your seat belt on in an accident. The at fault party is still responsible for all of your damages, pain, and suffering. The Mississippi Code says “Failure to use a seat belt shall not be considered contributory or comparative negligence.” M.C.A. § 63-2-3.

Even further, the fact that a victim did not wear a seat belt can not even be mentioned at trial.Roberts v. Grafe states that, “Clearly, the statute directs that evidence of the non-use of a seat belt shall not be presented to the jury. Although, defense counsel did not repeatedly argue this point, the question was asked and answered, thereby tainting the jury’s mind that Robert’s contributed to her injuries by not wearing a seat belt. As discussed earlier, this case is reversed and remanded for a new trial. On remand, no statement, argument or evidence is to be presented to the jury regarding the non-use of the seat belt. Roberts v. Grafe Auto Co., Inc., 701 So.2d 1093 (Miss., 1997)

If your in an accident without a seat belt, you are lucky and unlucky. Unlucky, because you may suffer greater injuries than if you would have had your seat belt on. Lucky, in fact that not wearing a seat belt will not hurt your chances of being completely compensated for your injuries if you are not at fault.

At Hopson Law Group we are personal injury lawyers who represent clients that are having a tough time dealing with insurance companies. You can reach us at 662-624-4100 to set up an appointment for a free consultation!

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