Seatbelts are the fundamental feature of cars or any modern vehicle for our safety. It is designed to protect the occupants in the event of crashes. Laws always mandate to wear seatbelts for safety, and it is implemented all across the world. Seatbelts have an important place in safety provisions, especially in accidents.
In this article, we will study how you will be affected if you do not wear a seatbelt. So, let’s begin our discussion and know more about seatbelt defense law.
What is Seatbelt Defense Law?
Seatbelt defense is a legal theory in which the injured person or accident victim is supposed to wear the seatbelt but fails to do so. In this case, the defendant can raise an issue and reduce the liability of damages. If the plaintiff had a worm seatbelt, it could have been a great saviour from injuries and could have claimed a complete compensation amount.
How Not Wearing a Seatbelt Can Affect Your Car Crash Claim?
- Partially responsible for negligence and comparative fault: The first and foremost impact on your car crash claim would be that the defendant party will get one loophole in the case. They can claim that your injuries could have been reduced if you had used a seatbelt. Therefore, with this claim, they can reduce the amount of claim.
- Impact on personal injury claims: The defendant’s lawyer will use this loophole against you. They can argue that the injury could have been less severe if you had used a seatbelt.
- Medical expenses: When you don’t wear a seatbelt, you can incur serious injuries, and due to this, your medical expense bill can be higher. As there are serious injuries, it will lead to long hospital stays, extensive surgeries, and a long rehabilitation period. Therefore, it is also not one of the desirable outcomes from any step.
- Causation and Injuries: Insurance companies can claim that the cause of injury was your fault for not wearing a seatbelt. They can argue that certain injuries you sustain could have been reduced if you had worn a seatbelt.
- Insurance premium: If the insurance company finds out that it is your fault, they can increase the premium amount for the future, and therefore, this would again create little problem for you.
So, these are certain impacts of not following seatbelt rules and filing a personal injury claim. In short, your claim would be affected if you do not follow seat belt defense laws.
