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I Wasn't Wearing a Seatbelt – Can I Still File a Claim?
Did you fail to wear a seatbelt and were injured in a car accident?
If your injuries weren't directly related to your failure to use a seatbelt, it may not affect your insurance claim.
After a crash, your right to compensation may be impacted by whether or not you were wearing a seatbelt.
In most cases, insurance will cover you, and it probably won't derail your car accident claim.
However, you can expect the insurers to argue that not wearing your safety belt contributed to your injuries.
Depending on the state you live in, this can harm your claim, and you may not be able to receive as much money, even if the other person hit you.
If you've been injured in a car crash, speak with the personal injury lawyers at Lawsuit Legal to review the facts of your case. Obtain a free, no-obligiation case evaluation to learn your legal options.
Medical Consequences for Crash Victims Not Wearing a Seatbelt
We all know that not wearing your seat belt increases the risk of injury in even a minor collision.
The force of impact is traumatic enough on the body without it being tossed around inside the cabin of the vehicle. In extreme cases, drivers and passengers are ejected out of the vehicle through the windshield.
Airbags will still deploy, but the risk for secondary impacts with the metal frame of the vehicle or being ejected increase.
Therefor the risk for being hurt or killed in an accident increases.
It's easy to imagine an occupant striking the windshield or colliding with the steering wheel suffering serious bodily harm that wouldn't have happened if the victim had been wearing a seatbelt.
The data is pretty clear at this point that buckling up help prevent harm, and almost all states have made it illegal for front-seat occupants to be unbelted. Rear-seat passengers are required to wear seatbelts in over 30 states. Seat belt laws require motorists to wear safetybelts and make it a misdemeanor when you fail to do so.
Seat-belts reduce serious crash-related injuries and fatalities by as much as 50% according to the CDC.
By wearing your seatbelt you are likely to be following the law and protecting yourself from more harmful injuries from secondary impacts.
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If you fail to wear a seatbelt it can be argued to be a negligent behavior.
Depending on where you live this can lead to your being eligible to receive less money or even barring you from seeking compensation altogether.
The defense will attack this point in an attempt to avoid paying.
If your case is tried in court, the failure to wear a seatbelt can impact the jury if they feel your actions contributed to the harm you suffered.
They will make the argument that you wouldn't be so badly injured if you had worn your belt.
You intrinsically have a stronger personal injury case if your seatbelt was fastened at the time of the collision.
Not Wearing a Seatbelt Can Make You Partly at Fault
In states that recognize comparative negligence, your share of the liability will determine whether you can seek damages from other parties.
The insurance company may use what is called the "seatbelt defense" to increase your liability in an attempt to avoid having to pay.
It amounts to arguing that you were responsible for a share of the harm you suffered for having not worn your belt.
It's easy to imagine the defense or insurers arguing that the broken bones, whiplash, or head trauma suffered in a wreck wouldn't have been severe if the victim had only been wearing their belt.
In some states the entitled compensation will be reduced proportionate to the percentage of fault you are deemed responsible for.
If you are decided to have over 50% blame for what happened you may be denied the right to demand compensation.
If your not having buckled contributed to your injuries in some way, it will likely come up in some way.
Yes, you can still file an insurance claim if the injured party wasn't wearing a seatbelt. You likely still maintain the right to seek compensation.
However, your ability to do so may be limited as a result.
Various factors are weighed when determining liability distribution in the aftermath of a crash.
Consult an experienced auto accident lawyer to protect your right to a fair settlement. Our legal team will review the unique nature of your case and lay out your legal options. Not wearing a seatbelt will complicate your claim, but our injury lawyers have deep experience countering the assertions the defense will make.
Passengers not Wearing Seatbelts in a Car Accident
The risks for secondary injury and death for passengers who don't wear seat belts are just as significant as for the driver.
Drivers are accountable for the passenger's vehicle when operating the vehicle. Drivers are responsible to make sure their seatbelts are functional and demand passengers wear them as required by law. Failure to do so may expose the driver to liability in the case of an accident.
Car crashes that injure passengers are subject to the same complications if they weren't wearing a safety belt. Available compensation for passengers may be limited to the degree by which they are deemed to have contributed to their injuries.
The victim may be deemed partly at fault and be found to have contributed to the harm they suffered limiting potential recovery.
An insurance claim filed or legal action taken in the aftermath of sustaining serious injury will need to counter the assertions of the seatbelt defense.
If it's deemed that your injuries are a direct result of the nonuse of a seatbelt it can limit your potential for recovery.
There is the potential that functioning seatbelts weren't available to passenger, in which case the car owner may be responsible.
The sooner a passenger contacts our injury lawyers after a serious accident, the better. Doing so will give our legal team more time to investigate what happened and prepare to counter these arguments.
How to counter the seatbelt defense?
Proving that the type and degree of injuries would be the same had they worn a seatbelt during the crash can counter the defendant's seatbelt defense.
Talk to a Auto Accident Lawyer About Your Case Today
Our auto accident attorneys are standing-by to look over your case and help you obtain the best possible outcome. Don't assume you have no legal options becuase you weren't wearing your seatbelt.
If you suffered serious injury in a crash, speak with our top-rated car injury lawyers right away to review your legal options.
Don't underestimate how hard it is to fight for a fair settlement when significant damages are involved.
At Lawsuit Legal, we are here to help you every step of the way, and if we take your case, you pay nothing unless you win recovery. Our legal team has unique experience and doesn't shy away from tough cases.
Our attorneys have represented thousands of clients and have a history of obtaining big settlements in tough-to-win cases. Let us fight for you after your accident-related injury and help you get the compensation you deserve.
Get the legal help you need so you can focus on recovery and take care of your family.