Seat Belt Defense May Limit Your Car Accident Recovery

Some states will accept a seat belt defense made to limit damages awarded in a car accident claim. This means that if you are injured in a car accident while not wearing a seat belt, your recoverable damages may be reduced, even if the car accident was entirely the other party’s fault.

Damages Reduced by a Seat Belt Defense

The seat belt defense may apply to damages sought by either the driver or the passengers. This defense is related to a state’s system for determining whose fault the injury was during the lawsuit. For example, if you are rear-ended and your head hits the windshield, the fault for this sort of accident would generally be placed completely on the party that rear-ended you. However, if it is discovered that you were not wearing your seat belt at the time of the accident, the jury will take this into consideration when determining the total damages. The result is usually a reduction in recovered damages.

States Allowing the Seat Belt Defense to a Car Accident Claim

Because the seat belt defense is controversial, a majority of states do not allow the use of the seat belt defense. While these states still use the existence of seat belt laws, comparative negligence, and other legal ways to determine the cause of the accident when determining liability for injuries and damages, most of these states prohibit the introduction of evidence pointing to non-use of a seat belt. However, sixteen out of the fifty states do allow the seat belt defense. Within these sixteen states, the weight given to the seat belt defense to a car accident claim varies. Because the seat belt defense can sometimes seem like harsh punishment for an innocent victim of an accident, many states limit the total amount of fault that can be attributed to the plaintiff by a certain percentage, usually between 1% – 15%. See State Limits on Car Accident Damages for more.

Some states that implement the seat belt defense do not set attributable fault limits, and only allow the plaintiff to recover for the damages they would have incurred had they had their seat belt on. For example, imagine you are rear-ended and your face hits the window, breaking your nose. If you did not have your seat belt on at the time of the accident, the defense will try to show that had you had your seat belt on, your face would have not hit the window, and you would not have broken your nose. If they are successful in showing this, you will not recover damages for your broken nose.

Case Studies: Seat Belt Defense and Car Accident Claims

Case Study 1: Seat Belt Defense and Reduced Damages

John was driving his car when he was struck from behind by another vehicle. The impact caused John’s head to hit the steering wheel, resulting in severe head injuries. The accident was entirely the fault of the other driver.

However, during the legal proceedings, it was revealed that John was not wearing his seat belt at the time of the accident. The defense argued that had John been wearing his seat belt, his injuries would have been less severe. As a result, the jury decided to reduce the damages awarded to John, taking his lack of seat belt usage into consideration.

Case Study 2: Seat Belt Defense in a Comparative Negligence State

Sarah and Tom were involved in a car accident at an intersection. Sarah, the driver of the other vehicle, ran a red light and collided with Tom’s car, causing him to sustain significant injuries. However, during the investigation, it was discovered that Tom was not wearing his seat belt at the time of the accident.

They were in a state that follows comparative negligence laws. As a result, the court assigned a percentage of fault to Tom for not wearing a seat belt, reducing the overall damages he could recover from the accident.

Case Study 3: Seat Belt Defense With Limited Recoverable Damages

In a state that allows the seat belt defense without fault limits, Lisa was a passenger in a car involved in a collision. Due to the impact, Lisa’s face struck the window, resulting in facial injuries. However, it was revealed that Lisa was not wearing her seat belt during the accident.

The defense argued that if Lisa had been wearing her seat belt, her face would not have hit the window, and her injuries would have been less severe. The court decided that Lisa would not recover damages for her facial injuries since they were directly attributed to her failure to wear a seat belt.

Getting Legal Help with the Seat Belt Defense

If you were involved in a car accident in which any of the parties were not wearing their seat belts, you should contact an auto accident attorney to determine the laws in your state, and whether or not your state allows the use of the seat belt defense. To avoid the matter entirely, always wear your seat belt. Car accidents can be painful and expensive, and not wearing a seat belt will increase your chance of injury in an accident and may also decrease your recoverable damages.