I was hit broadside by a driver who ran a red light in Memphis. I was seriously injured and face a long recovery, but someone told me I couldnt sue because I wasnt wearing my seat belt. Is this true?

A: This is definitely not true. No matter what, Tennessee law protects your rights. The person who told you this may have been referring to some cases in which a person has been awarded less in court if it can be proved that not wearing a seat belt caused the injury.

Every state except New Hampshire requires seat belt use, but not every state has what is called a “seat belt defense” law. This type of law allows lawyers to present evidence concerning seat belt use in civil trials. Tennessee is among the 30 states that do not have a seat belt defense in place. However, of these 30 states, 26 do have laws prohibiting using evidence that a seat belt was not worn when an accident took place. Tennessee is not one of these 26 states.

What this means, basically, is that in Tennessee the law remains a bit fuzzy concerning your accident. If it was 100% caused by another driver, whether or not you were wearing a seatbelt when injured may not be considered. Since using the seat belt defense is not yet standard practice, you could avoid the issue completely.

Your best option is to contact a Memphis car crash attorney who can look at the evidence and advise you. The Tennessee car accident specialists at Bailey & Greer look forward to speaking with you. Call today toll free at 888-470-9143 to discuss your case.