Before you even turn the key, you make a decision that can mean the difference between life and death. It takes about three seconds, it’s a simple click, and it is the single most effective safety feature in your vehicle: your seat belt.
While this may seem obvious, the statistics from the National Highway Traffic Safety Administration (NHTSA) are a grim reminder of how often this simple act is ignored. According to the NHTSA’s official seat belt safety data, nearly half of all passenger vehicle occupants killed in crashes were not wearing a seat belt.
In the world of personal injury law, these statistics are more than just numbers. They are a crucial factor in how an accident case is handled, how fault is determined, and how victims are compensated for their injuries.
How Seat Belt Use Impacts Your Injury Claim
After a serious crash, the other driver’s insurance company will launch an immediate investigation. One of the very first things they will look for is whether you were buckled up. In California, this is a critical issue because of a legal doctrine called “comparative negligence.”
This means that if you are found to be partially at fault for your own injuries, your compensation can be reduced by your percentage of fault. The insurance company will argue that by not wearing a seat belt, you failed to take reasonable steps to protect yourself, and therefore, you are partially responsible for the severity of your injuries. For example, if a jury decides you were 25% at fault for your injuries because you were unbuckled, your final settlement or verdict would be reduced by 25%.
An experienced attorney knows how to fight back against this tactic.
- Proving the Inevitability of Injury: We work with medical and biomechanical experts to demonstrate that due to the severity of the impact caused by the other driver’s negligence, you would have suffered serious injuries even if you had been perfectly restrained.
- Challenging the “Seat Belt Defense”: We meticulously analyze the accident report, vehicle damage, and medical records to challenge the insurance company’s assumptions. We ensure that the focus remains on the primary cause of the accident: the other driver’s negligence.
- Highlighting the Seat Belt’s Role: In a devastating truck accident or a high-speed car accident, a seat belt can be the only thing that prevents a fatality. The NHTSA data is clear: buckling up in the front seat reduces your risk of fatal injury by 45%.
The Unseen Dangers of Not Buckling Up
The NHTSA data also dispels dangerous myths. Most fatal crashes happen at speeds under 40 mph and close to home. And an airbag is not a substitute for a seat belt; in fact, the explosive force of an airbag can cause severe or fatal injuries to an unbuckled person.
In the most tragic cases, where a loved one is killed, the issue of seat belt use will be a central part of a wrongful death claim. Proving that the victim was properly restrained helps ensure the family receives the full measure of justice they deserve.
The data is undeniable. Wearing your seat belt is the most important thing you can do to protect yourself and to strengthen your potential personal injury case should the unthinkable happen.
If you have been injured in an accident, whether you were wearing a seat belt or not, you still have rights. Contact Manoukian Law for a free and confidential consultation to understand your legal options.