Car accidents can be traumatic experiences, and often result in severe injuries or even death. There are a number of factors that can contribute to the severity of an accident, but one of the most important is whether or not the people involved were wearing seatbelts. As a passenger or driver, wearing a seatbelt is one of the most effective ways to protect yourself from serious injury in the event of a collision. However, what happens if you weren’t wearing a seatbelt at the time of the accident? Can you still collect damages? In this article, we will explore this question in depth.
Table of Contents
Introduction
According to the National Highway Traffic Safety Administration (NHTSA), seatbelts are one of the most effective ways to prevent injuries and save lives in the event of a car accident. The statistics show that in 2019, seatbelts saved an estimated 14,955 lives in the United States alone. Despite this, many people still choose not to wear seatbelts.
Negligence and Contributory Negligence
When it comes to a car accident, determining who is at fault is a crucial step in the legal process. When it is found that one party is more responsible than the other for the accident, that party may be held liable for any damages. However, if it is found that both parties contributed to the accident, then contributory negligence comes into play.
Contributory negligence refers to when a person is found to have contributed to the accident in some way, whether it be by not wearing a seatbelt, texting while driving, or some other action that made the situation worse. In these cases, the amount of damages that can be awarded may be reduced or even eliminated altogether.
The Seatbelt Defense
If you were not wearing a seatbelt at the time of the accident, the other party’s insurance company may try to use this fact against you in court. They can claim that your injuries were caused, in part or in whole, by your decision not to wear a seatbelt.
This is known as the seatbelt defense, and it can have a significant impact on the amount of damages that you are ultimately able to collect. Insurance companies may argue that you were negligent or at fault because you did not take the necessary precautions to protect yourself from injury.
The Comparative Negligence Rule
When it comes to determining damages in a car accident case, many states employ the comparative negligence rule. This means that damages are awarded based on the level of fault assigned to each party involved in the accident.
If you were in an accident and not wearing a seatbelt, and it is determined that you were 25% at fault for the accident, then your damages may be reduced by 25%. This means that if you were originally seeking $100,000 in damages, you may only be awarded $75,000.
Exceptions to the Seatbelt Defense
While the seatbelt defense can be a powerful tool for insurance companies, there are some exceptions that may apply. For example, if you were not wearing a seatbelt because of a medical condition or disability, this may be taken into consideration. If it can be proven that you were unable to wear a seatbelt due to circumstances beyond your control, then the seatbelt defense may not hold up in court.
Similarly, if the accident was caused by something completely outside of your control, such as a mechanical failure in your vehicle or an unanticipated hazard on the road, then the seatbelt defense may also not apply.
Conclusion
In conclusion, it is always a good idea to wear a seatbelt while driving or riding in a car. Not only is it the law in many states, but it is also one of the most effective ways to reduce the risk of serious injury or death in the event of a car accident.
If you were involved in a car accident and were not wearing a seatbelt, you may still be able to collect damages. However, it is important to be aware of the seatbelt defense and contributory negligence. While you may still be eligible for damages, the amount you can collect may be affected by your decision not to wear a seatbelt at the time of the accident. By understanding the legal system and your rights, you can better protect yourself and your loved ones in the event of a car accident.