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?

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 seat belt 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 Greer Injury Lawyers look forward to speaking with you. Call today toll free at 888-470-9143 to discuss your case.