This effectiveness in reducing the risk of harm from a car accident is why nearly every state in the country has passed seat belt laws mandating their use.
But what if you violate your state’s seat belt statute by deciding not to wear a seat belt or forget to put it on, then get hurt in an auto accident?
Can you submit an auto liability insurance claim or file a lawsuit seeking damages for personal injuries due to the at-fault driver’s negligence, even though your injuries may be worse because you did not wear a seat belt?
The answer is yes.
You may still recover compensation from a negligent driver if you were not wearing a seat belt during the car crash.
But the failure to use a seat belt may affect the amount of money you recover through the trial or settlement of your injury claim, depending on where your crash occurred.
This article explains how seat belt statutes affect personal injury claims, focusing on Virginia car accident laws.
The defendant driver and their auto liability insurer may raise a failure to use a seat belt defense if you seek damages.
But states vary on the admissibility of the proof of the failure to wear a seat belt, meaning you may be able to keep that evidence out of the trial or limit its use.
Keep reading to learn more.
And contact us if you have questions or want a free consultation with a top-rated personal injury attorney.
All 50 states and the District of Columbia (D.C.) have seat belt laws.
However, seat belt laws vary by state, depending on where the driver or passenger is sitting and their age.
But almost all these statutes have one thing in common: the law requires you to wear a seat belt if you are driving or riding in the vehicle’s front seat.
For example, 49 states and D.C. require adult drivers and front-seat passengers to use seat belts.
And 32 states and D.C. require adult rear-seat passengers to wear a seat belt.
Only New Hampshire does not have a seat belt law for adults, although the state does have a child passenger safety law for drivers and passengers under 18 years of age.
Some of these seat belt rules are primary enforcement laws, which means police can stop a driver solely because a vehicle occupant is not wearing a seat belt.
But other seat laws are secondary, which means police will only enforce the violation of a safety belt law if they have pulled over the driver for a separate infraction first.
Yes.
But as this article later discusses, evidence that you were not wearing a seat belt when the auto accident happened may be inadmissible in civil actions in your state.
And some states have passed laws stating that the failure to wear a seat belt does not constitute negligence in a civil action for personal injuries.
Courts may find both plaintiffs and defendants negligent per se if the party is found guilty of violating a civil or criminal statute.
Under this legal doctrine of negligence per se, a court adopts “the requirements of a legislative enactment as the standard of conduct of a reasonable [person].”
Therefore, violating a statute means you did not act as a reasonable person would as a matter of law.
The elements of negligence per se are as follows:
The goal of seat belt laws is to keep drivers and passengers safe by reducing the risk and severity of injuries.
Therefore, a court might find a person negligent per se if they were not wearing a seat belt during a car wreck.
Claims for damages for injuries from an auto accident fall under tort law.
And tort law includes two competing concepts for assessing liability for injuries: comparative negligence and contributory negligence.
Virginia is one of a small number of states that follow the contributory negligence rule.
In a contributory negligence system, you cannot recover damages if you are found partially at fault for the accident or injuries, even if the other driver was more culpable.
In contrast, comparative fault systems allow you to recover damages if you were partially responsible for the accident. But your share of compensation is reduced by your percentage of responsibility.
For example, suppose the jury awards $1,000,000 in damages but finds you 20% responsible for the collision.
In this situation, the court would reduce your damages award to $800,000.
Therefore, a finding that you were negligent because you failed to use a seat belt may affect your recovery from the lawsuit, even barring it.
The impact depends on your jurisdiction and the other statutes and case law applicable to the admissibility of seat belt violations in personal injury trials.
Several acts (or failures to act) may indicate that the insurer will raise a seat belt defense.
What to look for depends on whether you have filed a complaint in court and served the defendant.
For example, you may enter settlement discussions with the insurance company before filing a lawsuit.
Typically insurers will try to lowball you during these talks.
I recommend never accepting the first settlement offer and asking the claim adjuster to explain the basis for the number.
Sometimes the adjuster will tell you they are offering less than the submitted damages because you were not wearing a seat belt.
Or the insurer may not offer to settle, even though liability appears strong.
If you told the claim adjuster that you were not wearing a seat belt during a recorded statement, or if the police crash report cites you for a failure to use a safety belt, that may explain why you do not have an offer.
You should look for other signs that you may have to fight a seat belt defense if you have already filed a lawsuit.
For example, the defendant driver’s attorney may ask questions about seat belt use during discovery, such as at your deposition or with interrogatories.
Or the insurer’s answer to the complaint may raise the defense, stating: “Plaintiff, at the time of the motor vehicle collision alleged in the complaint, was negligent because he was not wearing a seat belt, in violation of state statute.”
Virginia rejects the admissibility of proof that you violated a seat belt law.
Indeed, the Code of Virginia Section 46.2-1094(D) states that a violation of the safety lap belt and shoulder harness statute cannot be considered negligence or used to mitigate (reduce) damages.
The rationale for this rule is that another driver’s negligence caused the accident, not your decision not to wear a seat belt.
Therefore, the insurance company’s attorney cannot use evidence of your failure to wear a seat belt to defeat your claim by arguing you were partially liable or ask for a reduction in the amount awarded by the judge or jury because your injuries may not have been as severe if you were wearing a safety lap belt or shoulder harness.
Attorneys cannot even comment on the failure to use a seat belt during a personal injury trial, or the judge may declare a mistrial or sanction the conduct.
Several other states treat the failure to wear a seat belt like Virginia, excluding all references to it at trial.
But some other jurisdictions allow insurers and defendant drivers to offer evidence that the plaintiff was not wearing a seat belt to reduce or eliminate liability and mitigate damages.
Review your state’s statutes and case law to determine how violating a seat belt law could affect your accident claim.
Seat belt saves lives.
And you should always buckle up.
But the law and the insurance company should not punish you for one mistake when another driver caused the accident and injuries.
Contact us today if you were hurt in a car accident and were not wearing a seat belt. We will explain your legal rights and help protect you and your family.