Car accidents are traumatic experiences. The aftermath of a serious accident can be overwhelming. You may have questions if you were in a crash and weren’t wearing a seatbelt. You may ask, “Does not wearing a seatbelt affect an insurance claim?”
Insurance companies scrutinize every detail of a motor vehicle accident, including seatbelt use, and use any available leverage to limit payouts or deny claims. Whether you were the driver or a passenger, your decision to buckle up or not can significantly impact an insurance company’s willingness to cover your medical bills, lost income, and pain and suffering.
If you’ve been injured in an accident in North Carolina caused by another motorist, you need to consult an experienced personal injury lawyer. You may have a right to seek compensation, even if you weren’t wearing a seatbelt. An experienced car accident lawyer can review the details of the accident and explain your rights to pursue compensation.
Consequences of Not Wearing a Seatbelt in an Accident
Seatbelts restrain occupants during collisions, reducing head trauma and internal injuries. Failing to wear a seatbelt can contribute to far more severe injuries. The National Highway Traffic Safety Administration (NHTSA) reports that nearly half of those killed in car accidents in a recent year were not wearing seatbelts.
Not wearing a seatbelt may also complicate your car accident claim. For example, you might experience more serious injuries than you would have if buckled up. Serious injuries can result in surgeries, more extended hospital stays, and higher medical costs. Insurance companies will likely argue that some injuries could have been prevented by wearing a seatbelt.
Ultimately, wearing a seatbelt is the best way to protect yourself. But failing to wear a seat belt doesn’t always prevent you from being able to claim compensation.
North Carolina’s Seatbelt Laws
North Carolina requires all drivers and passengers to wear seatbelts:
- Drivers: Must wear a seatbelt and make sure any passengers under 16 are appropriately restrained.
- Passengers 16 and older: Individuals over 16 are legally responsible for wearing their own seatbelts.
- Legal penalties: Officers may issue a citation for non-compliance. These can be referenced in accident cases and insurance claims.
Even if you weren’t cited after your accident, insurance companies may still use evidence of non-compliance to dispute an injury claim.
Contributory Negligence in North Carolina
North Carolina uses a strict contributory negligence system. Contributory negligence means that any fault on your part can prevent you from recovering compensation. Here’s what you need to remember:
- Even partial responsibility for causing a crash can prevent you from recovering damages.
- Contributory negligence applies regardless of how minor your actions were compared to the other party’s.
Because of North Carolina’s strict laws, using a seatbelt isn’t just a safety matter. Contributory negligence can be complex. Insurance adjusters will use it to challenge claims. Having a knowledgeable personal injury attorney on your side can make all the difference.
The Seatbelt Defense in North Carolina
In many states, insurance companies may try to use the “seatbelt defense” to argue that your injuries wouldn’t have happened, or would have been less severe if you had been restrained. Fortunately, North Carolina doesn’t recognize the seatbelt defense. Here’s what you need to know about the consequences of not wearing a seatbelt:
- Your failure to wear a seatbelt cannot be presented at trial as evidence of your negligence.
- The contributory negligence rule bars recovery only if your negligence contributed to the accident itself.
- Insurance companies cannot use your lack of a seatbelt as a reason to deny your claim.
- They may examine your overall actions during the accident and how those contributed to your injuries. But the failure to wear a seatbelt does not disqualify you from seeking damages.
A skilled North Carolina car accident lawyer at Younce, Vtipil, Baznik & Banks, P.A. will fight to make sure your claim is evaluated fairly. Your attorney will focus on proving that another driver’s negligence caused the accident and your resulting injuries.
How to Prove Your Case Even If You Weren’t Wearing a Seatbelt
Here’s what you and your lawyer can do to support your claim:
- Document what happened: Take photos and video of the accident scene. Document all injuries and property damage, including to the other driver’s vehicle. Keep all medical records and bills related to the treatment of your injuries.
- Collect witness statements: Statements from passengers, bystanders, or other motorists can establish how the accident happened. Ask for witness contact information.
- Highlight the other party’s negligence: Your lawyer will work to prove the other driver’s liability for the accident. Reckless driving, DUI, speeding, or driving too fast for conditions can prove the other driver’s fault.
- Hire expert witnesses: Medical experts or accident reconstruction specialists can help demonstrate that your injuries were caused primarily by the other party.
- Maintain detailed records: Track everything that happens after your accident. Keep records of medical visits, prescriptions, out-of-pocket expenses, and communications with insurance companies. This paper trail helps your attorney build a strong claim.
Your personal injury attorney will communicate with insurance companies, help collect evidence, and negotiate on your behalf for full and fair compensation.
Call Our Raleigh Car Accident Lawyers for Help
Younce, Vtipil, Baznik & Banks, P.A. has over 90 years of combined experience handling accident cases. We use state-of-the-art case tracking systems, provide hands-on attention, and have staff fluent in English and Spanish.
Although each case is unique and past results cannot guarantee future outcomes, our team has secured significant settlements and results, which you can review on our case results page. One client wrote, “Ross worked through some tricky situations to secure me a fair settlement. He was always compassionate and communicated updates regularly. If you are in the unfortunate place of needing a personal injury attorney, I highly recommend him!”
If you’ve been seriously injured, our lawyers are ready to fight to protect your rights and guide you through the process of seeking compensation for the injuries sustained. You may have a right to file a personal injury lawsuit, even if you weren’t wearing a seatbelt. If you’ve been in a car accident in North Carolina, contact Younce, Vtipil, Baznik & Banks, P.A. at 919-661-9000 for a free case evaluation.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
