Does It Matter If You Were Wearing A Seat Belt When You Were In A Car Accident?
Most people know that seat belts really do save lives, but people still sometimes skip wearing a safety belt in the car. Sometimes they're only taking a short trip and it just slips their minds. Other times, the belt is removed because it's uncomfortable, especially on long rides.
So, what happens if you're hurt in a traffic accident while your seat belt is unlatched? Does that mean that you're out of luck and can't hope to collect on a claim for your injuries? Here's what you need to know.
How Not Wearing a Seat Belt Affects Your Accident Claim
Most states require drivers, front-seat passengers, and children to be secured by safety belts whenever they're in a car (although there are some exceptions, such as when postal workers are making deliveries). If you weren't wearing your safety belt at the time of an accident, you may receive a ticket.
In addition, you can pretty much guarantee that the insurance company involved will argue that your injuries wouldn't have been as serious had you actually been secured by a seat belt. In other words, the insurance company will argue that you are at least partially responsible for your own damages and assign you a percentage of blame, or "fault," for your injuries.
How much this may affect your ability to claim compensation for your injuries will likely depend on where the accident happened.
What Happens in States Following the Rule of Comparative Negligence
In most states, being partially at fault for your own injuries doesn't bar you from recovering something in an accident claim.
In 13 states, you can still recover something for your injuries as long as the other party is at least 1% responsible for the wreck. In 33 other states, you must be less than 50% or 51% (depending on the state) at fault in order to recover. In all of those states, however, what you receive from your claim will be reduced by the amount of your own liability.
What Happens in States Following the Rule of Contributory Negligence
The remaining states follow the rule of contributory negligence. In those states, being even 1% responsible for your own injuries is a total barrier to a claim for damages. Only four states (Alabama, Maryland, North Carolina, and Virginia) and the District of Columbia follow this rule. You can generally expect a missing seat belt to be a serious issue if your accident occurred in one of those areas.
The best thing to do after a car accident in which you were injured, no matter what the circumstances, is to talk to an auto accident lawyer about your situation.
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