According to the Virginian-Pilot, a Smithfield, Virginia woman was killed when she sideswiped a truck and was then thrown from her car. She was not wearing her seat belt at the time. Several years ago, I witnessed a collision at a Virgina Beach intersection where one of the drivers was thrown from his car and killed. It was pretty obvious that if he had been wearing his seat belt, he would have survived with only minor injuries. The damage to the cars was not that great, but he flew right out of the driver's side window because he was not wearing his seat belt. In fact, the impact was on the passenger side of the vehicle. This situation is not unusual.
Interestingly, Virginia law does not allow evidence of the failure to wear a seat belt and a traffic ticket for the same as proof of negligence in a car wreck case, even where a driver or passenger has been injured. In fact, the lawyers in a personal injury case can't even comment about a traffic ticket for failure to wear a seat belt. So yes, the failure to wear a seat belt in a car is a misdemeanor, but it it is not admissible in personal injury case. This is an odd situation and one that may be of benefit or perceived detriment in an injury claim. It illustrates why an experienced personal injury lawyer should be consulted to help an injury victim navigate the complicated legal system with all of its unique attributes. At Wilson & Hajek, a personal injury law firm, we have decades of experience handling only injury cases and we can help you in every aspect of your personal injury claim.
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
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