Hurt in a Crash Without a Seatbelt? Here’s What You Need to Know

Being in a car accident is scary enough. But if you weren’t wearing a seatbelt, it can feel like everyone—insurance companies, lawyers, even friends—can’t stop focusing on that one detail. You start to worry: Is this going to ruin my claim? Will I still be able to get compensation for my injuries?

Since 1973, the trial lawyers at Lafferty, Gallagher, & Scott, LLC have represented car accident victims across Ohio. Our deep knowledge of state injury law has helped hundreds of clients secure the financial compensation they deserve. If you were injured in an accident while unbuckled, here is what you need to know:

• You may still be able to file a lawsuit even if you were not wearing a seatbelt.
• Not wearing a seatbelt can reduce the amount of compensation you may recover.
• Your final compensation amount will be determined based on your percentage of fault and the specific details of your injuries.

These crucial points form the foundation of understanding your legal standing. Let’s delve deeper into how Ohio law specifically addresses these situations and what implications your seatbelt use might have on your personal injury claim.

Can I Still Sue for Injuries If I Wasn’t Wearing a Seatbelt?

Yes, you may be able to sue for your injuries even if you weren’t wearing a seatbelt because Ohio follows a “modified comparative negligence” rule. This principle allows you to sue for damages as long as you are not found to be more than 50% responsible for the accident. Not wearing a seatbelt is typically considered a factor that might reduce the damages you can recover, but it does not automatically prevent you from filing a lawsuit.

Why Does Not Wearing a Seatbelt Reduce My Compensation?

Not wearing a seatbelt can reduce your compensation because it may be considered a form of negligence on your part. This is because, even though another party caused the accident, your failure to wear a seatbelt might have contributed to the severity of your injuries. It is a proven fact that seatbelts reduce injuries and save lives. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that seatbelts saved an estimated 14,955 lives in 2017 alone.

Furthermore, Ohio law requires drivers and front-seat passengers to wear a seatbelt. By not wearing one, you are not only breaking the law but also failing to take reasonable steps to protect yourself.

How Much Can My Compensation Be Reduced If I Was Not Wearing a Seatbelt?

The amount your compensation can be reduced depends on the specifics of your case. Courts and insurance companies will examine the extent to which a seatbelt could have prevented or lessened your injuries. For example, if you suffered a severe head injury from hitting the windshield, they will look at the odds that a seatbelt would have significantly reduced the harm. However, not every case involving an unbuckled seatbelt results in reduced compensation.

Are There Any Exceptions Where Not Wearing a Seatbelt Does Not Affect My Claim?

Yes, there are situations where not wearing a seatbelt may have little to no impact on your claim. In extremely severe crashes, for instance, a seatbelt might not have prevented the specific injuries you sustained. Additionally, if the other driver’s actions were exceptionally reckless, such as driving under the influence or at a very high speed, their gross negligence can be the primary focus of the case. In these scenarios, the fact that you were unbuckled may carry less weight when determining compensation. An experienced attorney can gather evidence to argue how your injuries occurred and counter claims that a seatbelt would have made a major difference.

Should I Still Speak to a Lawyer Even If I Was Not Wearing a Seatbelt?

Yes, you should absolutely consult a lawyer as soon as possible after the accident. An attorney can help you understand how Ohio’s comparative negligence laws apply to your situation. They will work to gather crucial evidence, handle interactions with insurance companies, and build a strong case on your behalf.

Don’t Lose Hope

While your compensation can be affected by not wearing a seatbelt, you may still be able to pursue a lawsuit against the at-fault party. Your safety choices are important, but your right to seek compensation does not automatically disappear if you were not buckled up during a crash.

The most important step you can take is to discuss your case with a car accident attorney who can help you understand your legal options. Contact Lafferty, Gallagher, & Scott, LLC today for a free consultation to start on your path to recovery.