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January 2015 Archives

Mitigation of damages in auto accident cases

In our last post, we made a brief mention of the concept of mitigation of damages in the context of the issue of failure to wear a seatbelt as a way of reducing a plaintiff's recovery of damages. Here we want to expand on the concept of mitigation of damages in the context of personal injury litigation, specifically car accidents.

Can failure to wear a seat belt be used against me in court?

In our last post, we mentioned that the number of traffic fatalities in West Virginia decreased in 2014 and that this is thought to be largely due to a stricter seat belt law. Well, it is not news that wearing a seat belt reduces the risk of serious injuries and fatality in the event of a car accident, and that failing to wear a seat belt is what most people would consider a failure to exercise reasonable care.  

Seat belts thought to be key in reducing traffic deaths in 2013 in WV

Improving traffic safety is a constant concern for traffic safety advocates, lawmakers and state and federal agencies, and a variety of approaches to the problem have been tried. While there is surely no silver bullet, stricter seat belt laws may be a significant way for states to improve highway safety. In West Virginia, for instance, a stricter seal belt law may have been critical in reducing traffic deaths in 2014.

Comparative negligence and distracting cycling

In our last post, we briefly looked at the issue of distracted driving, and the way in which comparative negligence might be considered in personal injury cases involving pedestrians who are partially at fault for their own injuries. The issue of comparative negligence can come up in a number of situations involving car accidents, including accidents involving bicyclists.