After a major truck accident, your focus is on returning to work and ensuring the at-fault party pays for the damages they caused. You might think that if the driver was 100% at fault for the crash, they should shoulder the entirety of your losses. In Oklahoma, this is not always the case if you failed to wear a seatbelt during the collision.
The seatbelt defense under Oklahoma law
Under the Oklahoma Mandatory Seat Belt Use Act, the non-use of a seat belt is admissible in court, unless the plaintiff is under 16 years of age. This means the insurance company or the other driver’s lawyer can use this evidence as a defense.
How comparative negligence impacts your payout
In Oklahoma, the courts follow a modified comparative negligence rule. This means the courts assign a percentage of fault to everyone involved. Failing to wear a seat belt counts as a failure to mitigate damages rather than a cause of the accident itself. For the defense to reduce your settlement based on this, they must meet these factors:
- Expert witness: The opposing counsel provides expert testimony to prove exactly which injuries were caused by the lack of a restraint.
- Second collision: The jury must be able to separate the injuries caused by the truck hitting your car from the injuries caused by your body hitting the interior of the vehicle.
If the other party fails to bring a qualified expert to connect specific injuries with the lack of a seat belt, their argument does not count. Additionally, the jury cannot reduce your damages at all if they find it impossible to distinguish which injuries were a result of the lack of a seat belt. This means you may still recover 100% of your damages despite the violation.
Avoid letting the defense minimize your claim
Getting involved in a truck accident can be overwhelming. The trucker’s insurance company will look for any reason to pay you less, and a missing seat belt can be their chosen defense. While the burden is on them to prove that your lack of restraint caused your injuries, navigating this requires legal precision. An experienced personal injury attorney can offer the guidance you need.