When We urge everyone to use seatbelts at all times, and Louisiana traffic laws require the use of seatbelts. However, if you are involved in an accident and you forgot to buckle your seatbelt, your failure to use the seatbelt will not affect or reduce your right to recover damages.
Louisiana Revised Statute 32:295.1 requires operators and passengers of most vehicles to use seatbelts. Louisiana Revised Statute 32:295.1E states:
"In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a seatbelt in violation of this Section shall not be considered evidence of comparative negligence. Failure to wear a safety belt in violation of this Section shall not be admitted to mitigate damages."
Thus, if you are not wearing a seatbelt at the time an accident occurs, that fact cannot be admitted into evidence in an effort to blame you for your injuries or to prove that you failed to minimize your injuries.
Meet Louisiana Car Accident Attorney Gary Koederitz
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Our Louisiana Car Accident Law practice handles cases that encompass the State of Louisiana, including West Baton Rouge Parish, East Baton Rouge Parish, St. Bernard Parish, Orleans Parish, Caddo Parish, Lafayette Parish, Calcasieu Parish, Rapides Parish, the Louisiana Gulf Coast, Houma, New Orleans, Hammond, Metaire, Lafayette, Lake Charles, Shreveport, Monroe, Alexandria, Slidell, New Iberia, Chalmette, Tallulah, Bogalusa, Covington, Franklin, Abbeville, Morgan City, Minden, Winnsboro, Gonzales and all Louisiana cities in between. Louisiana Car Accident Law
Koederitz Law Firm, LLC
4607 Bluebonnet Blvd., Suite B
Baton Rouge, LA 70809
Telephone: (225) 295-9494
Telecopier: (225) 295-9495
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