Update: This article was originally published on January 31^st, 2024 and was updated on March 12^th, 2024 to reflect new laws passed in Indiana that permit evidence of not wearing a seat belt to be held against a party in a personal injury case.

In the realm of personal injury law, every detail matters: from the moment an accident occurs, the choices made by individuals involved can significantly impact the trajectory of legal proceedings and, more importantly, the outcomes of lives. The most seemingly simple, yet profoundly impactful aspect of road safety is the act of wearing a seat belt. Wearing a seat belt is a critical measure that can mean the difference between life and death, between preventing severe injuries and facing their devastating consequences. Seat belt use plays a pivotal role, not only preserving lives and minimizing injuries but also shaping the landscape of personal injury cases. Understanding this critical intersection between safety practices and legal implications is essential for anyone seeking justice and redress after an unfortunate accident.

Seat Belt Requirements in 2024

Wearing seat belts is not merely a suggestion; it is a legal obligation in most jurisdictions.

Every state except for New Hampshire has a law mandating seat belt use for adults.

However, only 34 states have what are referred to as primary enforcement laws. A primary enforcement seat belt law means that police officers can pull over and issue a ticket to occupants who aren’t wearing a seat belt.

Secondary enforcement laws are seat belt laws which only allow police officers to issue tickets or pull a vehicle over if they are in violation of some other law. Seat belt compliance has consistently been found to be less in secondary enforcement law states. Seat belt compliance has also been found to decrease as seat belt fines decrease. Even if your state isn’t a primary enforcement state, make sure to belt up. Lack of seat belt use can make an already terrible accident even worse. When individuals neglect to buckle up, they not only jeopardize their safety but also breach the duty of care owed to themselves and others on the road.

Lack of Seat Belt Use Results in Fatal Collisions

Unrestrained collisions are a recipe for tragedy. Seat belts act as the first line of defense, preventing occupants from being ejected from the vehicle in the event of a crash. The consequences of being unrestrained during a collision are severe, often leading to catastrophic injuries or fatalities that could have been mitigated or avoided altogether. Overall, around 9 in 10 people wear their seat belts, but in 2021, 1 out of every 2 passenger vehicle occupants who were killed were found to have not been wearing a seat belt. Repeatedly, studies find that seat belt use saves lives, reducing the risk of dying in a car crash by 45%.

Seat Belts Reduce Risk of Injury

Seat belts don’t just protect from fatalities, wearing seat belts reduces the risk of moderate to critical injury by 50%. In accidents where seat belts are not used, the severity of injuries tends to be significantly higher. Seat belts distribute the force of impact across the strongest parts of the body, namely the hips and shoulders, reducing the risk of severe head and spinal injuries. By mitigating injury severity, seat belt use can be the difference between a minor incident and a life-altering catastrophe. Understanding the physics of collisions reinforces the importance of seat belt use. When a vehicle comes to a sudden stop, unrestrained occupants continue to move at the vehicle’s previous speed, leading to the potential for severe injuries upon impact. Seat belts, acting as a restraint system, distribute the force of the crash more evenly across the stronger parts of the body, minimizing the risk of injury.

Addressing Common Misconceptions

Challenging misconceptions surrounding seat belt use is crucial. Some individuals believe that airbags alone provide sufficient protection, neglecting the fact that airbags are designed to complement seat belts, not replace them. Dispelling such myths is essential for fostering a comprehensive understanding of vehicle safety:

Seat Belts aren’t necessary if I’m not driving that far.

• FALSE – 88% of crash injuries happened less than 10 miles from home. Seat belts are the best way to protect yourself from a serious injury or death during a crash.

Seat Belts trap you inside a car.

• FALSE – The most dangerous part of the car wreck is the initial impact of the crash. Also, only 5% of car wrecks result in a car on fire or a sinking car. Wearing a seat belt gives you a much higher chance of staying conscious during a wreck which can save your life if you are stuck in a sinking car. Carrying a seat belt cutter for these types of situations is much safer than not wearing a seat belt in anticipation of a vehicle fire or submersed vehicle.

(Tip: Seat belt cutters are cheap and widely available. I recommend buying a 2-in-1 seat belt cutter and window breaker. In the unlikely situation that you find yourself submerged in a car wreck this tool will be quite useful)

It’s better to be thrown clear of the wreckage in the event of a crash.

• FALSE – One of the gravest dangers in a collision is the risk of ejection from the vehicle. Only 1% of passengers who were wearing a seat belt were ejected during a crash died, while 99% of fatalities from ejections in car crashes were found to be from unrestrained passengers. Individuals not wearing seat belts face a much higher likelihood of being thrown from the car, leading to catastrophic injuries or fatalities. Seat belts act as a crucial restraint system, keeping occupants within the relative safety of the vehicle’s structure. 75% of people who are ejected during a crash will die from their injuries.

Seat Belts aren’t necessary if my car has airbags.

• FALSE – Seat belt use complements the effectiveness of airbags. While airbags provide an additional layer of protection, they work in conjunction with seat belts to ensure optimal safety. Seat belts secure occupants in the correct position, allowing airbags to deploy effectively and minimize the risk of injuries caused by their deployment.

I’m a good driver, I don’t need to wear a seat belt.

• FALSE – Even if you feel like you are a good driver, so you don’t need to wear your seat belt, you can’t predict what might happen on the road. A drunk driver could come barreling down the wrong way of the highway. One of any number of unexpected situations that is out of your hands could occur while you are driving. Instead of putting yourself at unnecessary risk, wear a seat belt.

How Not Wearing a Seat Belt Can Affect Your Personal Injury Case?

Failure to wear a seat belt can affect the amount of money you can recover from your personal injury case. Although the effect varies from state to state I can tell you from a practical standpoint it never helps your case and it always hurts your case.

Some States Do Not Allow Lack of Seat Belt Use to be Used in Court

30 states have no seat belt defense in place, meaning that courts cannot hold the lack of seat belt use against a party in a personal injury case. For example, some states like Ohio do not allow failure to wear a seat belt to be labeled as negligent in a personal injury case.

An experienced personal injury attorney can prevent the defense from even discussing a plaintiff’s lack of seat belt use. However, it is usually clear from the injury that a person didn’t have a seat belt on at the time of the wreck. Consequently, an injured person must be concerned with whether a jury will consider that fault and hold it against the plaintiff, even though they are not supposed to.

Some States Cap Reduction of Jury Awards from Not Wearing a Seat Belt

In other states there are predetermined limits on the impact on damages for a plaintiff who was not wearing a seat belt. For example, in Missouri, a jury may reduce an award for damages by 1% for the person not wearing the seat belt, so if a jury determined that a person is entitled to $300,000, the jury could reduce that amount by $3,000.

In Iowa, a jury award can be reduced by no more than 5% for failure to wear a seat belt. However, if the defense can prove the failure to wear a seat belt contributed to the person’s injuries, then the jury may reduce the award by up to 25%.

Not Wearing a Seat Belt in KY Means You Could Walk Away With Nothing

Even when the wreck wasn’t your fault!

In Kentucky, there is no cap on the amount that a jury may reduce an injured person’s damages. If the defense can prove that wearing a seat belt would have prevented the injuries, then the injured person may get nothing.

Updates to Indiana Seat Belt Law in 2024

On March 11^th, 2024 Governor Eric Holcomb signed H.B. 1090 into law. The bill will take effect on July 1^st, 2024. This bill allows the admittance of failure to wear a seat belt into civil court for plaintiffs 15 years and older. The passage of this bill means that to use the seat belt defense the burden is placed on the defendant to prove the other party wasn’t wearing a seat belt and that using one would have prevented injuries.

Indiana Code § 9-19-11-8.5 states that:

In a civil action seeking to recover damages for personal injuries or death experienced by a plaintiff who:

(1) was in a motor vehicle that was manufactured after September 1, 1986, and equipped with at least one (1) inflatable restraint system; and

 (2) was fifteen (15) years of age or older at the time the cause of action accrued;

evidence that the motor vehicle was not operating in compliance with section 2 or 3.6 of this chapter may be admitted as proof of failure to mitigate damages.

Indiana’s update to its seat belt law does not provide a cap on the amount that a jury may reduce the plaintiff’s award if the plaintiff is found to have not worn a seat belt and that the lack of a seat belt could have caused the plaintiff’s injuries.

However, even if you don’t live in a jurisdiction where failure to wear a seat belt could affect your personal injury case, wearing a seat belt is a good idea. Beyond legal obligations, promoting seat belt use contributes to a culture of safety. As personal injury attorneys, we understand the ripple effect of positive behavior change. By encouraging clients, friends, and family to wear seat belts, we actively participate in creating safer roadways and reducing the overall toll of personal injuries resulting from accidents.

Were you Injured in a Wreck that Wasn’t Your Fault and Not Wearing a Seat Belt?

As a personal injury attorney, I stress not only the legal obligation to wear seat belts, but the undeniable role they play in mitigating the severity of injuries and preserving lives. However, if you were not wearing a seat belt when involved in a wreck that wasn’t your fault you need to hire an experienced personal injury attorney as soon as possible. Evidence will need to be preserved and analyzed. Depending on which state you live in, a biomechanical expert may need to be hired to determine whether the lack of a seat belt played a cause in the injuries.

Another issue is what impact the failure to wear a seat belt has on your potential jurors. Recently, Craig, Kelley, & Faultless was hired to represent a widow whose husband was killed by a UPS truck in Iowa. We held focus groups in three different locations to determine where to file the lawsuit. We found that in each location people view failure to wear a seat belt differently.

Craig, Kelley & Faultless LLC was established in 1999 to help injured people and their families recover from the physical, emotional, and financial challenges posed by catastrophic injuries or the death of a loved one. They are nationally recognized as attorneys representing injured victims of trucking and commercial vehicle wrecks.  Craig, Kelley & Faultless is headquartered in Indianapolis and has offices in Indiana and an office in St. Louis. It has attorneys licensed in Indiana, Illinois, Missouri, Kentucky, and Ohio.

Get a free case review with one of our accident attorneys by 1-800-746-0226, and additional information can be found at www.ckflaw.com.