People visit New York’s many state parks to get away from the everyday hustle and bustle and be able to relax. However, state law enforcement and park rangers have identified another action that accompanies visits to state parks: a decline in the use of seat belts.
2017’s Buckle Up New York (BUNY) in the Parks resulted in the issuance of just over 43,000 tickets for violations. Of those tickets, nearly 1,900 were seatbelt violations, including over 900 child restraint violations.
“Seat belt laws are in place for a reason: seat belts save lives. Obeying seat belt laws, regardless of where you are, is incredibly important, especially when you have children in the car,” said Matthew Tomkiel, a New York Car Accident Attorney with the law firm of Tomkiel & Tomkiel. Not only do seat belts save lives, but they can also be a benefit when an accident does happen and individuals are seeking compensation for injuries.
New York is a “no-fault” jurisdiction, meaning that an individual involved in an accident may seek compensation for medical bills and lost wages, regardless of whether they were at fault. This means that if your injuries were partly a result of your failure to wear a seat belt, you would not be barred from seeking payment for those losses from the insurance company.
However, in claims for personal injury related to negligence, whether an individual was wearing a seat belt does become an issue. New York is a “pure comparative negligence” jurisdiction, meaning that the negligent actions of a plaintiff can reduce their recovery amount against a negligent defendant.
For example: you are in a car accident where you are rear-ended at beautiful Niagara Falls. You had fully stopped at a stop sign, but the driver behind you, who was staring in awe at the Falls, did not see you stopped and caused the accident. However, you, enjoying the relaxing atmosphere, had not put on your seatbelt. You are injured in the accident, and you sue the other driver for negligence.
The other driver is found to be negligent by the court and liable for damages. However, the other driver also presents evidence that your failure to wear a seat belt had caused your injuries to be 30 percent worse than they would have otherwise been. Under New York law, your damages would be reduced by 30 percent because you were also negligent.
This example simply reinforces the importance of wearing a seat belt. Not only can it save you a ticket, but it can save your life, reduce your injuries, and ensure that no arguments can be made about your role in your injuries.
