Does Wearing a Seatbelt Improperly Hurt Your Case?
Posted in Accident & Injury, Automobile, Car Accident, Health & Wellness, Truck Accident on July 30, 2024
I recently represented a very tall gentleman who stands 6 feet 8 inches tall. Due to his height, he doesn’t fit comfortably in many vehicles. On the day of the accident, he wore his lap belt but not the shoulder harness, as it didn’t fit properly. The shoulder harness had previously caused him discomfort and bruising due to the pressure on his shoulder and neck.
The critical question in this case was whether the shoulder harness would have prevented his injuries to his chest, neck, back, and, ultimately, his shoulder. He was the driver of the vehicle that was rear-ended on the day of the accident.
Technically, he wasn’t wearing the seatbelt as the vehicle was designed to be used. However, he did have on his lap belt, which is an argument in his favor. Many men and women experience significant discomfort from shoulder harnesses due to various issues. This raises the question: how much protection does a lap belt provide in preventing specific injuries?
Many individuals face this same dilemma when involved in accidents. Ultimately, we resolve these issues with the help of experts, and every case has a different outcome. For example, does the seatbelt cause more damage or harm if worn improperly? Does a poorly fitting seatbelt exacerbate or aggravate underlying conditions because it is too tight or lies across the body incorrectly?
Clients have different facts and contexts in which seatbelt use can impact their case. Addressing these questions and more is vital to uncover the true story and understand the impact on one’s case.
Seatbelt Laws in Ohio
In Ohio, seatbelt use is mandated by law, and the specifics are as follows:
- Front Seat Passengers: Ohio law requires drivers and front-seat passengers to wear a seatbelt.
- Children: Children under four or weighing less than 40 pounds must be secured in a child safety seat. Children aged 4 to 8 must use a booster seat unless they are taller than 4 feet 9 inches.
- Rear Seat Passengers: While not required by state law, it is strongly recommended that all passengers, regardless of where they are seated in the vehicle, wear a seatbelt for their safety.
Failure to comply with these seatbelt laws can result in fines and potential legal consequences.
Contact Us Today
If you suffered a serious injury in a car accident because of another’s negligence, contact us today. We offer a free consultation and won’t charge anything unless you win. Call 1-800-ELK-OHIO or contact us online to schedule your free consultation.