The Influence of Seatbelt Compliance on Injury Claims in Pennsylvania

While not wearing a seatbelt doesn’t automatically disqualify someone from filing a personal injury claim, it can be used as a defense to argue that the victim’s injuries were worsened due to failure to buckle up.

In most states, seatbelt laws are enforced, and wearing a seatbelt is a matter of life and death. The National Highway Traffic Safety Administration reported that in 2023, almost 92 percent of drivers buckled up. As numerous reports show, wearing a seatbelt dramatically reduces the risk of death in accidents. The benefits of wearing a seatbelt are widely acknowledged. The law and better judgment in Pennsylvania emphasize the importance of wearing a seatbelt, yet some still refuse to do so. Does wearing your seatbelt affect your ability to recover financial damages after you are injured in a Pennsylvania car accident caused by someone else’s negligence? Despite not wearing a seatbelt at the time of the accident, the personal injury lawyers at Cohen & Riechelson can assist you in recovering damages for your accident injuries. Get in touch with our team today at (215) 337-4915 for a free consultation.

Who Must Buckle Up in Pennsylvania?

In Pennsylvania, all drivers, passengers, and children between the ages of eight years old and 17 must wear a safety belt at all times. Adults in the back seat are not required to wear a seatbelt, but it is highly recommended. Not wearing a seatbelt can result in fines.

Does Seatbelt Use Fall Within Pennsylvania’s Modified Comparative Negligence Rule?

According to state comparative negligence law, a plaintiff can recover damages for personal injury caused by the defendant’s negligence, proportionate to the extent that the defendant was responsible and up to 50 percent. If the plaintiff was, for example, 10 percent responsible for the accident injury, they can recover only 90 percent of damages from the negligent defendant. If they were 51 percent responsible for the accident or associated injuries, they cannot seek damages from a defendant.

When the victim did not have any role in causing an accident, their choice not to wear a seatbelt does not qualify as negligence under the comparative negligence law. However, the fact that the victim was not wearing a seatbelt at the time of the accident can be used to argue that the extent of injuries sustained were affected and that their injuries were worse because of the non-use of a seatbelt.

Seatbelt Compliance as a Defense Argument to Reduce Compensation for PA Car Accidents

In the case of an automobile accident caused by another motorist’s negligence, you may be entitled to financial compensation for economic and non-economic damages. Is it possible for the person responsible for the accident to argue that your injuries were made worse because you weren’t wearing a seatbelt at the time of the accident? The answer to this question isn’t black-and-white, so it is important to seek the counsel of an experienced personal injury lawyer. A defendant’s claim that your lack of seatbelt use worsened your injuries is called the “seatbelt defense,” and many use it. It can be used to argue that you wouldn’t have suffered as much harm had you been wearing a seatbelt, which could be considered when determining the amount of compensation you receive. This could negatively impact the amount of damages they can recover, especially without the representation of an experienced attorney.

Unbuckled in an Accident? Overcome the Seatbelt Defense in Philadelphia

If you were not wearing a seatbelt at the time of the accident that injured you, you can still recover full damages. First, your chances of recovering full damages go up when you have a qualified legal team working on your behalf. Then, it can be argued that the seatbelt would not have made any significant difference in the severity of the injuries. To provide evidence backing up this claim, you can call on a medical expert to provide testimony on the causal relationship between injuries and seatbelt use. A personal injury lawyer at our Pennsylvania law firm will help you prove the defendant’s negligence as the primary cause of the accident and injuries.

Talk to a Warrington Personal Injury Attorney if You Were in an Accident Without a Seatbelt

When you are injured in an accident caused by another but in which you were not wearing a seatbelt, you run the risk of greatly diminishing the compensation you recover due to the defendant’s “seatbelt defense.” Our experienced personal injury attorneys at Cohen & Riechelson are well-versed in Pennsylvania law and legal precedents and will guide you through various avenues to recover full compensation. We gather strong evidence, negotiate with insurance companies, develop a strong case that focuses your argument on the defendant’s negligence as the primary cause of your injuries, and advocate for your right to fair compensation. Overall, our car accident lawyers serve as crucial partners for your road to physical and financial recovery. We proudly serve clients in Newtown, Langhorne, Fairless Hills, Croydon, Warrington, Levittown, Philadelphia, Bensalem, and throughout Bucks County, Northeast Philadelphia, and the surrounding areas of Pennsylvania. Contact us at (215) 337-4915  today to learn how we can get you the injury compensation you deserve. Free consultations are available anytime to best serve your needs.