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Colorado Seatbelt Law: What You Need to Know to Recover Damages

Fuller Law Podcast

Release Date: 05/06/2024

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More Episodes

John Fuller is a respected personal injury attorney based in Denver, Colorado who is known for his client-centered approach to legal representation. With a commitment to handling a select number of cases to ensure personal involvement, John Fuller provides clients with direct access through his personal cell phone, ensuring open and constant communication. A significant aspect of his practice is educating individuals about their legal rights, especially in complex situations such as motor vehicle accidents and the implications of not following safety measures like seatbelt usage.

Episode Summary:

In this insightful episode, we delve into the legalities surrounding car accidents and seat belt laws with Denver's renowned personal injury attorney, John Fuller. For those navigating the aftermath of an accident, understanding your rights becomes crucial, especially when complications arise due to noncompliance with seat belt regulations.

John Fuller sheds light on Colorado's seatbelt statute and its nuanced implications for accident victims. Initially, the statute suggested a strict penalty for those not wearing a seatbelt by denying them the ability to claim damages. However, Fuller explains the legislative evolution that now includes exceptions to this rule, making it less black and white. He emphasizes the importance of wearing a seatbelt, not only for safety but also to avoid complications in legal claims post-accident. His advice is particularly critical for people misled by insurance companies into believing that not wearing a seatbelt is an absolute barrier to damage recovery.

Key Takeaways:

  • Colorado's seatbelt statute initially indicated that failure to wear a seatbelt could eliminate the possibility of recovering damages for injuries sustained in a car accident.

  • Multiple exceptions and carve-outs within the statute exist, making the enforcement of this rule less straightforward.

  • Proving that an injury would not have occurred if a seatbelt had been worn is typically a challenging task.

  • Despite misconceptions, not wearing a seatbelt does not automatically prevent recovery for damages.

  • The advice of a knowledgeable attorney, like John Fuller, is essential in navigating these situations and understanding your rights.

Notable Quotes:

  • "If you have a seat belt on, you're all good."

  • "The better course of action is to always wear your seatbelt."

  • "It's very hard to actually prove that an injury would not have happened if you had the seatbelt on."

  • "If you don't have your seatbelt on that you can't recover for your damages, that is not true."

  • "Wear your seatbelts and you'll be in a lot better situation."

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