Not wearing a seatbelt can worsen your injuries and reduce the value of your claim.
You probably already know that seatbelts save lives. According to many reports, drivers and front seat passengers can reduce their risk of a moderate to critical car accident injury by up 50 percent simply by wearing their seatbelts correctly. Backseat passengers can reduce their risk of injury by over 70 percent.
Unfortunately, many people still do not buckle up when they get into the car. If you are guilty of this bad habit, you’re risking more than your own personal safety. You’re also risking your ability to collect full and fair compensation for any car accident injuries you may suffer in an accident that is not your fault.
Understanding the Seatbelt Defense
In the state of California, it is actually a violation of the Vehicle Code to drive or ride in a car without wearing your seatbelt. If you are the driver, you are also responsible for making sure everyone else is buckled up. If you are stopped by police and anyone is found to be unbuckled, you could face a fine or be sent to traffic school.
Given that driving without a seatbelt is a violation of the Vehicle Code, in a personal injury case it is treated like any other violation such as speeding, failing to signal, etc. All of these violations can limit your ability to collect in a car accident injury case by making you partially responsible for the accident (in the case of a moving code violation) or for your injury (in the case of a seatbelt violation).
Here’s an example. Let’s say you were rear-ended by another vehicle while stopped at a red light and suffered a severe head injury. Naturally you would be able to bring a car accident injury lawsuit against the driver of the other vehicle since their negligent or reckless driving caused the accident. The driver’s attorney would definitely investigate whether or not you were wearing your seatbelt. If they could find evidence that you were not buckled up, they would then argue that this failure to utilize the safety equipment in your vehicle contributed to your injury and likely made it worse. In this case, they would likely be able to convince the court to award you a smaller amount of compensation for your injuries to reflect your own role in those injuries. This tactic is called the “seatbelt defense” and it will be at least explored if not attempted by any defense attorney worth their salt.
Failing to secure full compensation for your medical expenses and losses after a car accident can present a serious hardship for the rest of your life. Don’t risk it! Always buckle up to prevent negligent drivers from using the seatbelt defense against you, and always turn to an experienced car accident injury attorney like Michael A. Kahn to protect your rights and interests following an accident.
