(275+)Many people wonder if they can still file a lawsuit after a car accident if they weren’t wearing their seatbelt at the time of the crash. The simple answer is yes, you can usually sue, but not wearing a seatbelt may negatively impact your case. Let’s look closer at how not wearing a seatbelt accident affects car accident claims and lawsuits.
The Importance of Seatbelts
First, it’s critical to emphasize that wearing a seatbelt is one of the most effective ways to prevent serious injuries and fatalities in the event of a car accident. The National Highway Traffic Safety Administration (NHTSA) estimates that seatbelts saved approximately 15,000 lives in 2024. By restraining occupants in their seats, seatbelts help prevent serious injuries by reducing the risk of being thrown inside the vehicle or ejected during a crash.
When a person doesn’t buckle up, the forces experienced in a crash can cause devastating injuries.
Unrestrained occupants frequently suffer severe trauma, such as traumatic brain injuries, spinal cord damage, internal organ injuries, and broken bones. Tragically, many of these injuries prove fatal. The NHTSA reports that 47% of passenger vehicle occupants killed in 2024 were unrestrained at the time of the crash.
While not wearing a seatbelt is an unwise decision that puts your safety at risk, it doesn’t prohibit you from seeking compensation if another party was at fault for the accident. However, the decision not to buckle up can negatively affect your case in several ways.
Pennsylvania Seat Belt Law
Like most states, Pennsylvania has laws requiring seatbelt use by drivers and passengers. Under Pennsylvania’s primary enforcement seat belt law, police can pull over and ticket a driver if they observe any front seat occupant not wearing a seatbelt. The law also requires all occupants under the age of 18 to be properly restrained, no matter where they are sitting in the vehicle.
There are a few limited exceptions to the seat belt requirement, such as for occupants with medical conditions that prevent seatbelt use. Mail carriers, first responders in the line of duty, and occupants in vehicles manufactured before 1966 are exempt. However, for the vast majority of drivers and passengers, buckling up is mandatory under Pennsylvania law.
It’s important to note that a seatbelt ticket does not go on your driving record and cannot be used by your insurance company to increase your rates. The fine for an adult seatbelt violation is $10.
However, while the legal penalties are relatively minor, the potential consequences of not buckling up in an accident are much more severe.
Comparative Negligence in Pennsylvania
When assessing fault and determining compensation in personal injury cases, Pennsylvania applies a modified comparative negligence rule. Under this system, an injured person can seek damages as long as their share of fault does not reach 51%. If they are found partially responsible, their compensation is reduced according to their percentage of liability.
Not wearing a seatbelt can make it harder to prove the other party was entirely at fault for your injuries. The defendant may argue that your negligence in not buckling up contributed to the severity of your injuries. This is known as the “seatbelt defense.”
Here’s how it works: Let’s say you’re involved in a crash caused by another driver running a red light, and you suffer $100,000 in damages.
However, evidence shows you weren’t wearing your seatbelt at the time. The jury determines the other driver was 80% at fault for causing the accident itself, while your failure to wear a seatbelt was 20% to blame for the extent of your injuries. Under comparative negligence, your $100,000 award would be reduced by 20% to $80,000 to account for your portion of fault.
As this example illustrates, while not wearing a seatbelt doesn’t bar you from financial recovery, it can significantly reduce the compensation you receive. Insurance adjusters are also likely to argue that your injuries would have been less severe had you been properly restrained in an effort to minimize your settlement. Having an experienced car accident attorney on your side is crucial for combating these arguments and advocating for maximum compensation.
Does Not Wearing a Seatbelt Affect Insurance Claims?
In most cases, car insurance follows the vehicle rather than the individual driver. That means if you’re hurt in an accident while unrestrained, you can still file a claim with the at-fault party’s insurance for your medical bills, lost wages, and other damages regardless of your seatbelt use.
However, as previously mentioned, the insurance company may try to leverage your lack of seatbelt use to reduce your payout. They may claim that you’re partially responsible for your injuries due to your own negligence. A skilled lawyer can help gather evidence and expert testimony to establish the full extent of the liability of the at-fault party and advocate for a fair settlement on your behalf.
It’s also worth noting that your own Personal Injury Protection (PIP) coverage, if you have it, should still apply to help with your medical expenses after an accident, even if you weren’t wearing your seatbelt. Pennsylvania law requires insurance companies to offer a minimum of $5,000 in PIP coverage, which pays out regardless of who was at fault. You can purchase higher PIP limits for added protection.
Buckle Up, But Know Your Rights
The takeaway is that while wearing your seatbelt is always the safest choice, not doing so doesn’t mean you forego your right to seek compensation after an accident that wasn’t your fault. However, you should be prepared for the insurance company or defendant to argue that your injuries would have been less severe had you been properly restrained. An experienced car accident attorney can help you fight back against these arguments and work to secure the maximum possible settlement or award.
At Gibbons & Crichton, our knowledgeable lawyers have helped countless crash victims pursue the compensation they need to move forward after an accident – including in cases involving seatbelt use. We understand the complexities of Pennsylvania personal injury law and know how to advocate tenaciously for our clients.
If you have been hurt in a car accident in Pennsylvania, don’t let the fact that you weren’t wearing your seatbelt stop you from exploring your legal options. Contact the dedicated attorneys at Gibbons & Crichton today for consultation.
