The National Highway Traffic Safety Administration recorded over 37,000 fatal traffic accidents in 2008. According to government statistics, fatal accidents are the lowest they’ve been since 1961. The government also says seat belt use continues to rise in most states. In Arkansas, 70 percent of motorists wear their seat belt compared to just over 50 percent in 2001.
A recent Arkansas car accident occurred in Northeast Arkansas in which the injured divers and passenger were not wearing a seat belt. Although it is advisable to always wear a seat belt, a common question asked by many clients is whether the failure to wear a seat belt will limit their recovery in an Arkansas car accident claim. The answer is no. Arkansas law says that the fact that someone was not wearing a seat belt is not admissible at trial. Therefore, a negligent driver can not argue to a jury that the personal injury from the car accident was more serious because the injured person was not wearing a seat belt.
If you or a family member have been injured in an Arkansas car accident I urge you to contact an experienced car accident lawyer in Arkansas to discuss you legal rights.