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McComb Witten Marcoux

Failure to Wear A seat belt - It'll Cost You

Jeffrey S. Witten, B.A., LL.B.
Personal Injury Lawyer at McComb Witten Marcoux

Blog Category:
8/8/2013
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The two issues are seperate but related.

Firstly, seat belts save lives. It"s a fact. And as such it's illegal in B.C. to ride in a vehicle without wearing one.

Here's the thing. Riding in a vehicle without wearing a seat belt is like playing human projectile. Nothing more. Nothing less.

Secondly, if you get injured in a car accident and attempt to make a claim for compensation ( ICBC injury claim), the fact that you weren't wearing a seat belt may cost you.

Its called "contributory negligence". In simplest terms, "contributory negligence" is the legal theory that you contributed towards causing your injuries and should be penalized as a result.

Now, you should understand that its up ICBC to prove that your failure to wear a seat belt contributed to your injuries. And if ICBC is successful in doing so the case law indicates that a judge will often  reduce the compensation you're entitled to by something in the order of 25%.

Feel free to call me if you want to discuss the question of how seat belt usage might impact your ICBC injury claim.

Jeff Witten



Category: Car Accidents


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