Understanding the Seatbelt Defense. Filing a Personal Injury Claim.

Being involved in a car accident is already stressful—but what happens if someone wasn’t wearing a seatbelt at the time of the crash? Many people believe that not wearing a seatbelt automatically disqualifies them from filing a personal injury claim. Fortunately, that’s not true.
Here’s what every accident victim should know about pursuing a personal injury lawsuit if they weren’t buckled up during the collision.

Yes, You Can Still Pursue a Personal Injury Claim

Not wearing a seatbelt does not prevent someone from filing a personal injury claim after a car accident. The core question in any personal injury case is: who caused the accident? If another driver was at fault, the injured party may still have a valid claim—regardless of whether or not a seatbelt was used.

The “Seatbelt Defense” and How It Affects Your Case

In some states, insurance companies and defense attorneys may use what’s called the seatbelt defense. This legal strategy argues that the injuries were more severe because the injured person wasn’t wearing a seatbelt. If successful, it could reduce the amount of compensation the victim receives.
However, not every state allows the seatbelt defense, and even in states that do, there are limits on how it can be used.

Comparative Negligence: How It Impacts Compensation

Many states follow comparative negligence laws, which means the compensation awarded in a personal injury lawsuit can be reduced based on the injured person’s level of fault.

If a court determines that not wearing a seatbelt contributed to the severity of the injuries, the victim’s compensation could be reduced accordingly. For example:

If a victim is awarded $100,000 in damages,
And is found to be 20% responsible for their injuries due to not wearing a seatbelt,
Their final compensation would be reduced to $80,000.

Even so, partial fault does not eliminate the right to recover damages.

States Have Different Laws on Seatbelt Use and Injury Claims

Every state handles seatbelt laws and the seatbelt defense differently. Some states don’t allow the defense at all, while others may permit it only in limited circumstances. That’s why it’s essential for accident victims to consult with a local personal injury attorney who understands the state’s laws and can protect their rights.

Even if someone wasn’t wearing a seatbelt at the time of a crash, they should not assume they’re disqualified from receiving compensation. Fault for the accident itself—and the other party’s negligence—remains the central issue in a personal injury case.

If you or a loved one has been injured in a car accident, it’s important to speak with an experienced personal injury lawyer to understand your rights, especially when seatbelt use may come into question.

Need legal advice after an accident?

Contact a trusted personal injury attorney in your area to schedule a free consultation and learn more about your options. If you need assistance finding an attorney, send us a message and we will help you find one!