Can Seatbelt Usage Affect Injuries and Personal Injury Claims?

 Posted on October 30, 2026 in Car Accident

Seat belts are one of the main factors in how badly someone is hurt in a car accident. According to the Centers for Disease Control and Prevention, seat belt use reduces serious accident injuries and deaths by about half.

Does wearing a seatbelt affect your right to a legal claim, though? In Illinois, it typically does not. Whether you use a seatbelt or not doesn’t change who caused the accident. Because of this, not wearing one generally can’t be used to reduce an injured person’s claim to damages.

If you were hurt in an accident in 2026, our Rolling Meadows, IL car accident lawyers can help you understand how seat belt use may come up in your case.

How Do Seat Belts Affect Injuries in a Car Accident?

A seat belt keeps you in your seat when a vehicle suddenly stops or rolls. Without one, your body keeps moving at the speed the car is traveling. You may hit the steering wheel, dashboard, windshield, or other passengers. You may also be thrown from the vehicle.

Airbags don’t replace a seat belt. An unbelted person may be thrown forward into an airbag as it expands, which can cause injuries of its own.

How Should a Seat Belt Fit to Protect You?

The lap belt should sit low and snug across your hips and upper thighs. If it rides up over your stomach, it may press into soft tissue and organs during an impact. Pregnant passengers should keep the lap belt below the belly, with the shoulder belt between the breasts and off to the side of the belly.

Sit upright with your back against the seat and your feet on the floor. Reclining far back or slouching low may let you slide under the lap belt during a collision. The shoulder belt should cross the middle of your chest and collarbone, away from your neck. Tucking it behind your back leaves your upper body vulnerable to flinging forward when the car stops suddenly. Placing it under your arm puts more force on your ribs, which can also contribute to injuries.

Can I Still Make an Injury Claim in Illinois if I Wasn’t Wearing a Seat Belt?

Not wearing a seat belt generally doesn’t keep you from recovering damages in Illinois. Under 625 ILCS 5/12-603.1(c), failing to wear a seat belt "shall not be considered evidence of negligence." This rule applies to drivers and passengers alike. The same subsection says seat belt use can’t limit an insurer’s liability or reduce your recovery for damages from a car accident.

Note that failure to buckle up is, in fact, against the law. It’s a petty offense with a fine of up to $25, but this is separate from your injury claim.

The other driver’s insurance company may still try to focus on your seatbelt use to reduce your claim. An adjuster may argue your injuries would have been less severe if you’d been buckled. If the insurance tries to use these tactics, your lawyer can refute them.

Can a Seat Belt Cause Its Own Injuries in a Car Accident?

A properly-worn seat belt can technically cause some injury. Common seat belt injuries include:

• Bruising or soreness across the chest and hips
• Skin abrasions
• Compression injuries to the ribs, abdomen, or spine

These injuries are usually less severe than what an unbelted person might suffer, but they can still need treatment. Regardless of how minor your injuries seem after an accident, you should get seen by a provider as soon as possible.

Some seat belt injuries come from a defect in the belt. A belt may unlatch, fail to lock, or tear during an accident. If a defective belt or airbag made your injuries worse, you may have a separate claim against the manufacturer in addition to the other driver.

Does Seatbelt Use Affect Fault for a Car Accident in Illinois?

Fault is decided by what caused the accident, not by whether you wore a seat belt. Common causes include speeding, distracted driving, running a red light or stop sign, failing to yield, tailgating, and impaired or drowsy driving.

Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you were partly to blame for the accident, your damages may be reduced by your share of the fault. If you were more than 50 percent at fault, you can’t recover damages from the other driver.

Your use of a seat belt should not be factored in when allocating fault. What is more relevant is records of your and the other driver’s behavior before the accident. These include the police report, photos, witness statements, and traffic or security footage that caught the accident.

Call an Arlington Heights, IL Personal Injury Lawyer Today

Whether or not you were buckled up, you can be compensated for injuries caused by another driver’s negligence. Our Rolling Meadows, IL car accident attorneys are locals who value the communities and clients we serve. Our team has many decades of combined experience and has recovered millions of dollars in successful verdicts for injured clients.

We offer free consultations. Call Newland & Newland, LLP at 847-797-8000 today.