Drivers and front-seat passengers are required by South Carolina law to wear seatbelts. If you were injured in an accident and were not wearing a seatbelt at the time of the crash, insurance companies and their defense attorneys might try to argue that you would not have been injured OR would have been injured with less severity had you been properly secured. By making such an argument, they seek to prove that you were “comparatively negligent” in causing injuries you sustained in the auto accident.
In South Carolina, failure to wear a seatbelt is not considered contributory negligence and thus not admissible as evidence in a civil action. To avoid any issues you might face in an automobile accident civil claim, it is critically important that measures be taken to preserve evidence, investigate the accident, and allow physicians or other medical experts to thoroughly evaluate injuries. Harris & Graves will come to you– to your home, to the scene of the accident, to the hospital– to help you sort out the legal mess that often surrounds a South Carolina auto accident. Contact us today for a free consultation.