Can I Make a Personal Injury Claim If I Was Not Wearing a Seat Belt?

 Posted on August 11, 2020 in Car Accident

In Illinois, you have likely seen the phrase “Click It or Ticket” posted above major highways or on the side of busy roads, warning about the potential legal consequences for failure to wear a seat belt. Because of the devices’ proven safety benefits, the state of Illinois requires all drivers and passengers to wear seat belts at all times. This includes those riding in cars that are equipped with airbags. This law became effective in July 1985 to address the low number of drivers and passengers wearing seat belts while riding in cars. Since the installation of this legislation, seat belt usage has skyrocketed, increasing from 15.9 percent in 1985 to 93 percent usage rates in 2016. Despite the vast majority of drivers and passengers following Illinois’ seat belt requirements, there are some who continue to refuse to use the additional safety measures. Those who decide against wearing a seat belt and get involved in a car accident can face more severe injuries than those wearing seat belts, but surprisingly, Illinois does not recognize this decision as a form of negligence.

Can This Be Used as Evidence?

If you or a loved one is injured in a car accident, you are able to file a personal injury claim to recover financial compensation for your losses. These injuries can lead to steep medical bills, time off work, and ongoing conditions that affect your daily functioning. Personal injury claims are meant to make up, in part, for these damages from which you or your loved one is suffering. When filing a personal injury claim, an attorney will work with you to obtain details about the accident. He or she will analyze what happened and determine who was negligent, or at fault, for the accident. A number of factors can contribute to this determination of negligence, such as whether or not the drivers were texting or otherwise distracted, if either party was speeding, if both parties used proper turn signals, if either driver was fatigued, and more.

You would think that whether or not both drivers were wearing seat belts would also be a factor in the case. Since the purpose of seat belts is to protect drivers and passengers in the instance of an accident, one could argue that since the injured party was not wearing a seat belt, he or she is partly to blame for his or her injuries. Despite Illinois’ strict seat belt regulations, the law also states that the failure to wear a seat belt cannot be considered evidence of negligence. In other words, whether or not the driver or passengers decided to wear a seat belt will not limit the liability of the negligent driver’s insurance company or any recovery of damages through a personal injury claim. The driver who decided against wearing a seat belt is still able to collect compensation for his or her injuries regardless of his or her decision. Despite this clause being included in Illinois law, it is imperative that you work with a reputable personal injury lawyer who can successfully defend your decision to not wear a seat belt. 

Contact an Arlington Heights Car Accident Attorney

Getting injured in a car accident can greatly impact you and your family’s current and future lives. For those who were the primary earners in their families, these injuries or time spent in the hospital can leave them unable to earn a paycheck and support their spouse and children. Deciding against wearing a seat belt should not leave you responsible for another driver’s dangerous driving. At Newland & Newland, LLP, we strongly believe that those at fault for your injuries should be held accountable for their actions. Founded nearly three decades ago, our reputable firm is dedicated to helping those injured in Illinois move forward with their lives. If you have been injured in a car accident, contact our Palatine personal injury lawyers at 847-797-8000 to schedule a free consultation.

Sources:

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/safetybelts.html

https://www.ilga.gov/legislation/ilcs/documents/062500050K12-603.1.htm