What if I Was Not Wearing a Seat Belt at the Time of My Car Accident?
A seat belt can reduce the risk of serious injuries during a collision, but failing to wear one does not automatically prevent you from seeking compensation after an accident. If you were injured in a crash, our Reading car accident lawyers at Fanelli, Evans & Patel, P.C. can review the details of your case and explain your options for pursuing compensation.
How Does Not Wearing a Seat Belt Affect a Car Accident Claim?
75 Pa.C.S. § 4581 requires drivers and certain passengers to wear properly adjusted and fastened seat belts while traveling in motor vehicles. Under this law, drivers and front-seat passengers in most passenger vehicles must wear a seat belt when the vehicle is being operated. Drivers are also responsible for ensuring that passengers under 18 years old are properly secured with a seat belt.
The law includes limited exceptions, such as for individuals who cannot wear a seat belt for medical or physical reasons with proper documentation. A violation of Pennsylvania’s seat belt law may result in a fine, but it generally cannot be used as evidence of negligence in a civil personal injury claim.
This means that a person’s failure to wear a seat belt typically cannot be used to reduce compensation in a car accident case.
Pennsylvania follows a modified comparative negligence system to determine fault in personal injury claims. The court typically assigns everyone involved a percentage of fault, and your compensation may be reduced if you are found partially responsible for your injuries. The other driver’s negligence may still be a significant factor in causing the accident, even if you were not wearing a seat belt at the time of the crash.
Insurance companies may attempt to argue that your injuries were made worse because you were not wearing a seat belt. However, they must still consider the actions of all parties involved when evaluating fault.
Recovering Compensation After a Car Accident in Reading
Not wearing a seat belt does not automatically eliminate your ability to recover damages. Each case depends on the specific facts surrounding the accident and the extent of your injuries.
If another driver caused the collision because of a form of negligence, such as breaking traffic laws, you may still have grounds to pursue compensation. Our lawyers can investigate your accident and work to determine the damages you may be entitled to recover. Damages you may be able to request in a Pennsylvania car accident claim may include:
- Medical expenses and future healthcare costs
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress
Consult With Our Car Accident Lawyers in Reading, PA Today
If you were injured in a crash and are concerned that not wearing a seat belt may affect your ability to recover compensation, Fanelli, Evans & Patel, P.C. is ready to help. Our Reading car accident attorneys can review your case, explain your legal options, and guide you during the next steps. Contact our office today by calling 570-622-2455 or by using our online contact form.