The Seatbelt Defense
New York allows defendants to argue that failure to wear a seatbelt contributed to the severity of your injuries. If proven, it can reduce your damages for those injuries that a belt would have prevented.
It Doesn't Bar Your Claim
Importantly, not wearing a seatbelt doesn't eliminate your right to recover. The at-fault driver remains responsible for causing the crash; the defense only goes to a portion of the damages.
Documenting Causation
Whether a seatbelt would have changed your specific injuries is a medical question. An attorney can marshal evidence to limit the impact of this defense.
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