Yes. The mere fact that you were not wearing a seat belt does not in and of itself extinguish a claim. You will likely be held to have contributed to your injuries in some way to a certain percentage. For example, if it is determined that you were negligent by not wearing a seat belt to the extent of 15%, then your damages award will be reduced by 15%. (21)
Patricia Santucci is a personal injury lawyer born and raised in Hamilton, Ontario. She holds several degrees having attended King’s College at the University of Western Ontario, McMaster University, earned a Master of Arts degree at the University of Windsor and an Ontario Teaching Degree from Teacher’s College as well as her Ontario Teaching Certificate. After graduating from the University of Alberta law school she was called to the bar in 2000. You can find Patricia on Google+ and LinkedIn or directly through this website
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