Seat Belt Injuries

Types of Seatbelt Injuries and Causes

A vehicle’s occupant can suffer different types of seat belt injuries.

These include:

• Bruising and abrasions: Often referred to as seat belt syndrome; this type of injury occurs when a high-force compression of a seat belt causes friction burns, cuts, and abrasions. It usually results in a “seat belt sign” across the chest or abdomen, appearing as discoloration or skin scrapes, and can be accompanied by severe internal abdominal injuries.
• Chest and rib injuries: When the shoulder strap of a seat belt locks during a high-speed collision, extreme force can be subjected to the chest. This can lead to bruising, rib fractures, a broken sternum (breastbone), and damage to the lungs or heart.
• Spinal injuries: A seat belt that’s defective or worn incorrectly can allow the upper body to bend violently over the lap belt in a crash. This can cause the spine to break horizontally through the vertebra (chance fracture).
• Neck injuries: When a seat belt applies intense, concentrated pressure on the neck, one can sustain neck injuries.
• Shoulder injuries: The diagonal strap of a seat belt can cause extreme, sudden force on the shoulder, which can lead to rotator cuff tears, clavicle fractures, or shoulder dislocation.
• Internal damage: The resulting intense compression from a seat belt can cause severe organ damage or a rupture of blood vessels. For instance, when the lap belt presses deeply into the abdomen, it can lead to injuries to the intestines (bowel perforation), liver, or spleen, or internal bleeding.

Legal Options for Seat Belt Injury Claims in Las Vegas 

If you sustain a seat belt injury when you are involved in a collision in Las Vegas, you have legal options to protect your rights. For starters, you can take action against the driver who caused the accident by filing a seat belt injury claim with their insurance company.

You will send a demand letter to the insurer informing them about the accident, the damage you suffered, and what you are claiming. The company will then investigate the case and accept or deny liability. If it accepts liability, you should negotiate a fair settlement. If they deny responsibility or a fair settlement can’t be reached, you can take your case to court.

If the at-fault driver is uninsured or underinsured, you can file an uninsured/underinsured motorist (UM/UIM) claim under your own insurance policy.

Additionally, if the seat belt was defective, you have the option of filing a product liability lawsuit against the manufacturer.

For example, if:

• An incorrect seat belt geometry caused you to slide under the lap belt, causing severe abdominal and spinal injuries.
• An improperly designed seat belt transfers excessive, concentrated forces to your body.
• A defective pretensioner allowed you to move too far forward.
• A faulty locking mechanism led to ejection.

Nevada Seat Belt Laws

NRS 484D.495 requires a vehicle’s front and rear seat occupants aged 6 or older and those 57 inches tall or more, regardless of age, in almost all passenger vehicles to wear safety belts or ride in an approved child restraint system. Thus, you must always wear a seat belt when you are a driver or passenger in a car.

While not wearing a seatbelt is generally inadmissible to prove negligence or comparative fault in personal injury claims in Nevada, it could potentially complicate your case when filing a lawsuit against a manufacturer. This is because the court may allow the manufacturer to introduce evidence that the seat belt was not worn, hence they are not liable for your injuries.

Moreover, it’s unlawful to drive a passenger car manufactured after January 1, 1968, on a highway, unless it is equipped with at least two lap-type safety belt assemblies in the front. Passenger cars manufactured after January 1, 1970, must have a lap-type safety belt assembly for all occupants.

A manufacturer who fails to protect a vehicle’s occupants or releases cars with defective seat belts into the market can be held responsible for their negligent actions.

Support For Tourists And Visitors After A Crash

Injured while visiting Las Vegas? Travel should not make recovery more complicated. We help tourists navigate insurance claims, rental car issues, and out-of-state medical documentation. From the first call to the final settlement, our team provides full-service support and keeps you informed every step of the way. You do not have to return to Las Vegas to get a fair handling of your case.

How Personal Injury Lawyers and Injury Attorneys Help

Working with a seat belt injury lawyer is important when you sustain a seat belt injury in a crash. Your attorney will help you gather evidence to prove negligence and damages. They will also ensure you follow the appropriate steps when filing a personal injury claim or product liability lawsuit.

Additionally, your lawyer will help you negotiate fair compensation or fight for your rights in court. Mistakes are also not uncommon when filing claims, including accepting a lowball settlement, missing deadlines, or giving recorded statements to insurers. Your lawyer will ensure you avoid them.

Proving Fault With Defective Seatbelt Evidence

If a defective seatbelt causes your injuries, you need to prove this. Evidence, such as photos/videos showing poorly positioned anchors, too tall/rigid seat belt buckle stalks, abrasion marks on the latch plate, and your injuries, is crucial. You should also obtain medical records and reports from automotive experts to strengthen your case.

A seat belt injury attorney will help you gather and preserve solid evidence.

Compensation Available in Seat Belt Injury Claims 

In a seat belt injury claim, you can recover economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage, whereas non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

If your case involves oppression, fraud, or malice, you can sometimes recover punitive damages.

Steps To Take Immediately After a Seatbelt Injury 

Here is what to do after sustaining a seat belt injury in a crash:

• Call 911 immediately to get medical help.
• If you can move around, take photos and videos of the scene, the interior and exterior of your vehicle, and your injuries, while waiting for the police to arrive. If you can’t move around, ask someone to help you.
• Exchange information with the other driver.
• Get a medical evaluation immediately after leaving the scene.
• Contact a seat belt injury lawyer.

Why Choose Adam S. Kutner, Injury Attorneys, for Seat Belt Injury Cases?

Adam S. Kutner, Injury Attorneys, has helped protect the rights of injured victims for over 35 years. Our firm is experienced in handling seat belt injury claims, pursuing maximum compensation for our clients from negligent drivers and manufacturers.

We have a team highly skilled at gathering and preserving evidence, negotiating with insurance companies, and providing personal attention.

Schedule a free consultation with a Las Vegas seat belt injury lawyer today to get the compensation you deserve.

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