I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about being able to sue for injuries sustained in a car crash. She said she was not wearing a seatbelt at the time of the crash, and the police cited her for not wearing her seatbelt.

The answer is generally yes, the caller could sue but may be found to be partially at fault for the injuries suffered, which could reduce how much money she is able to recover.

In the caller’s situation, the defense will likely argue that the failure to wear a seat belt made her injuries far worse than they would have been if she had buckled up.

The defense will argue the caller had the duty to wear a seat belt and acted unreasonably in failing to wear her seat belt.

Of course, the defense team will have the burden to prove that the caller’s failure to wear a seat belt caused or aggravated her injuries.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – While there, make sure you request a copy of our book “Fighting for Truth.”