Can Seatbelt Usage Affect Injuries and Personal Injury Claims?

 Posted on June 27, 2025 in Car Accident

Wearing a seatbelt is one of the simplest ways to reduce the likelihood of sustaining an injury in a car crash. Seatbelts can help to keep vehicle occupants from being thrown forward or ejected during a sudden stop or collision. Approximately 93 percent of Illinois drivers and passengers buckle up regularly. Sadly, unrestrained occupants make up nearly 40 percent of car accident fatalities.

Insurance companies often attempt to use the fact that seatbelts were not used against injured victims. Our knowledgeable Schaumburg, IL personal injury attorneys know Illinois law, which states that failure to buckle up cannot be used to reduce an at-fault party’s negligence or your compensation.

What Are Common Car Accident Causes?

The vast majority of motor vehicle accidents are caused by some kind of negligent driver error, including:

• Failing to yield the right of way
• Ignoring stop signs and red lights
• Driving while fatigued, drunk, or high
• Distracted driving
• Speeding
• Tailgating

If these drivers were not negligent, most crashes could have been avoided. However, another driver’s negligence could form the basis of your personal injury claim. You may be able to collect damages for your accident-related expenses and the effects your injuries have on your quality of life.

What Injuries Are Reduced by Seatbelt Use?

Seatbelts significantly decrease the risk of serious and fatal injuries in high-speed collisions by keeping occupants in a safer position for airbag deployment. They can also reduce the risk of drivers and passengers being ejected from their vehicle. Unrestrained occupants are 30 times more likely to be ejected.

Studies show that without a seatbelt, occupants are more likely to sustain severe injuries, such as organ damage, head and traumatic brain injuries, spinal cord damage, and internal bleeding. Seatbelts can produce injuries themselves, including abdominal and chest bruising. However, injuries caused by seatbelts are usually less severe than those that victims who are not using a seatbelt face.

Can Insurance Companies Use Non-Use of Seatbelts Against Me?

Illinois law specifically prohibits insurers and courts from reducing damages or assigning negligence to a person based on their failure to use a seatbelt. Under 625 ILCS 5/12‑603.1(c), failure to use a seatbelt "shall not be considered evidence of negligence," and cannot be used to reduce liability or prohibit recovery.

Some insurance companies may still try to argue that your injuries would have been less severe if you were wearing a seatbelt. Your lawyer can challenge these claims and refocus the case on who was responsible for causing your crash.

You may have been partially at fault for your collision. You can still seek compensation from other at-fault parties in Illinois as long as your degree of fault is not more than 50 percent. However, your damages will be reduced accordingly. Since insurers cannot use your seatbelt choices against you, they may try to accuse you of more than your share of fault for causing your collision. We will not let that happen either.

Speak With an Arlington Heights, IL Injury Lawyer

If you were hurt in a car crash caused by someone else, even if you were not wearing a seatbelt, you deserve compensation. At Newland & Newland, LLP, we can handle insurance company pushback and fight for as much as you deserve. Contact us online or by calling 847-797-8000 today to schedule a free consultation with one of our skilled Rolling Meadows, IL personal injury attorneys.