ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Seat Belt Laws

May I still recover payment for my injuries if I am in an car accident and not wearing my seat belt?

Most states reject the so-called seat belt defense, and will not accept evidence that plaintiffs did not buckle up as proof that they were negligent in a way that contributed to the injuries. In some jurisdictions, however, evidence of the plaintiff's failure to use a seat belt may reduce the amount of damages awarded to the plaintiff.