West Virginia, like almost every other state, has a mandatory seat belt law. Thus, there is a limited “seat belt defense” which means if you are injured in a car crash while not wearing a seat belt, and the injury was caused or made worse due to the lack of a seat belt, the amount of damages you can collect may be reduced.
In other words, you are “comparatively negligent” and therefore are partially responsible for causing your own injuries, even if you were not responsible for the accident itself. It is important to consult an experienced auto accident attorney for advice regarding your particular situation.
– John H. Bryan, West Virginia Car Accident Attorney.