Wearing a seatbelt is required under New Jersey law. If you sue the at-fault driver, they may argue that your alleged lack of a seatbelt should factor into the case. An attorney can help you refute these claims and protect your damages and compensation.
You may still recover compensation after a car accident if you were not wearing a seatbelt. However, depending on how the lack of a seatbelt factors into the accident and your injuries, your damages could be reduced. For example, if your injuries were enhanced or made worse because you did not wear a seatbelt, which is very possible, the defendant may argue that they should not have to pay as much compensation.
Contact our NJ car accident lawyers for a free case review by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
Can You Recover Damages for a Car Accident if You Did Not Wear a Seat Belt?
While failing to wear a seatbelt might get you a traffic citation, it should not stop you from suing for damages after a car accident. Even so, it could affect your claims, depending on the situation.
Can You Sue if You Did Not Wear a Seatbelt?
You can still file a lawsuit for a car accident even if you were not wearing a seatbelt. The lack of a seatbelt will not automatically preclude you from suing, but it may still come up in other ways throughout the case.
In short, failing to wear a seatbelt may affect how you are injured. A defendant in a lawsuit or an insurance company may try to reduce your compensation by arguing that your lack of a seatbelt worsened your injuries or caused injuries that otherwise would not have occurred.
Modified Comparative Negligence
Fault for a car accident can sometimes be unclear, and defendants may claim that plaintiffs contributed to the accident. In such cases, courts will apply rules of modified comparative negligence to assess the fault of both parties.
Your lack of a seatbelt will probably not be considered when assessing the cause of the crash. Although failing to wear a seatbelt is unsafe, that factor alone likely cannot cause an accident. Some other factors, like speeding, failing to signal, or running a red light, must be present.
How Seatbelts Affect Insurance Claims for Car Accidents
Your seatbelt may also affect an insurance claim. Insurance companies will try to reduce the amount they must pay whenever possible. If the insurance company believes you did not wear a seatbelt, it may argue that it should not cover certain damages. For example, the insurance company may try to reduce coverage for medical bills related to injuries exacerbated by a lack of a seatbelt.
Can Your Lack of a Seat Belt Be Used Against You in a NJ Car Accident Case?
Although a seatbelt cannot cause or prevent an accident, it can improve driver safety if an accident does occur. As such, if you did not wear one, this fact could be used against you.
What is the Primary Cause of the Accident?
Our NJ personal injury lawyers must consider the primary cause of the accident. As mentioned before, a seatbelt plays a relatively minor role in how an accident happens. It is designed to prevent injuries in case of an accident, not stop an accident from occurring.
As such, there is a strong likelihood that another factor, or a combination of factors, is the primary cause of the accident. The defendant may have difficulty arguing that your lack of a seatbelt caused the accident.
How the Lack of a Seat Belt Affected Your Injuries
A seatbelt, or a lack thereof, becomes much more significant when talking about injuries. Since a seatbelt is designed to minimize injuries in an accident, failing to wear one may play a much larger role in how a jury determines whether a defendant is responsible for the plaintiff’s injuries.
If your injuries are directly tied to your lack of a seatbelt, the defendant may argue that they should not be held responsible for those injuries.
Enhanced Injury Reduction
You might see compensation reduced, but only if the lack of a seatbelt directly causes the injuries. If your injuries have nothing to do with your lack of a seatbelt, you likely will not lose much compensation.
For example, a driver may be thrown from their car in an accident because they did not wear a seatbelt. This kind of injury may not be fully compensated in a lawsuit. However, lacerations from broken glass from a shattered windshield have almost nothing to do with your seatbelt, and whether you were wearing one might not play a role in how compensation is decided.
FAQs About Whether You Can Recover Compensation if You Did Not Wear a Seatbelt in NJ
Can You Still Sue for a Car Accident in NJ if You Did Not Wear a Seatbelt?
Yes. The fact that a driver may not have worn a seatbelt during an accident does not automatically preclude them from filing an injury lawsuit.
How Does the Lack of a Seatbelt Affect a Car Accident Case?
A seatbelt, or the lack of one, is usually not considered when determining who caused the accident. However, it will likely be considered when a jury decides how the injuries were inflicted and who is responsible.
What if Your Lack of a Seatbelt Did Not Affect Your Injuries?
If your lack of a seatbelt does not affect your injuries, it will likely not play a big role in your case. The defendant will have a hard time arguing that compensation should be reduced because you failed to wear a seatbelt if this factor had no bearing on your injuries.
What if the Defendant Says You Did Not Wear a Seatbelt, But You Were Wearing One?
If a defendant wants to argue that your supposed lack of a seatbelt should be used against you for some reason, they must prove their claims. If they do not have evidence to support their argument, it will likely go nowhere, and you may not have to worry.
Contact Our NJ Car Accident Lawyers About Getting Compensation
Contact our Elizabeth, NJ car accident lawyers for a free case review by calling Agrapidis & Maroules, P.C. at (201) 777-1111.