Can I File a Car Accident Claim If I Wasn’t Wearing a Seat Belt?

It’s a well-known fact that wearing a seat belt reduces the risk of serious injury and death in the event of a collision. For this reason, all states but one—New Hampshire—have seat belt laws on the books.

Like most states, Minnesota has a primary seat belt law, which means police can stop and ticket drivers who are unbelted or transporting unbelted passengers. If you were violating this law and involved in a crash, it’s possible that the insurance company will argue that you were partially liable for your own injuries. This could ultimately reduce the amount of compensation you recover for medical bills and other damages; however, depending on the circumstances, failure to wear a seat belt might not have any effect whatsoever on the outcome of your claim.

Read on to learn the answers to some frequently asked questions about these cases:

1. How Could Being Unbelted Impact the Outcome of My Case? 

If you weren’t wearing a seat belt at the time of the accident, it’s possible that your injuries are worse than they would have been if you had been restrained. As a result, the insurance adjuster will probably argue that you’re not entitled to compensation for 100 percent of your damages. And since Minnesota follows a modified comparative fault system, your final payout could be reduced by your own percentage of fault.   

2. How Can I Prove My Injuries Would Have Been Just as Severe If I Had Worn a Seat Belt? 

In order to recover compensation for 100 percent of the damages, you must prove that being unrestrained did not contribute to the severity of your injuries. Below are a few kinds of evidence your car accident lawyer may use to strengthen your claim:

• Medical records;
• Statements from accident reconstruction experts;
• Statements from medical experts;
• Dash cam recordings;
• Footage from surveillance cameras near the scene; and
• Photographs of the wreckage. 

3. What Kinds of Damages Can I Pursue? 

If you were seriously injured in the accident, you may be entitled to compensation for the following damages:

• Past medical expenses;
• Healthcare costs that you’re reasonably certain to pay in the future;
• Lost wages;
• Lost benefits;
• Loss of future earning capacity;
• Property damage;
• Alternative transportation;
• Home care;
• Any necessary home or vehicle modifications;
• Pain and suffering;
• Mental anguish;
• Humiliation; and
• Loss of enjoyment in life. 

Call 320-259-5414 for a Free Consultation with a St. Cloud Car Accident Attorney

If you were severely injured in a collision, contact Bradshaw & Bryant to determine the most strategic way to proceed. There are all sorts of reasons why the insurance company might dispute liability or the value of your damages, but our lawyers can level the playing field and make sure you are treated fairly.

For six consecutive years, attorney Michael Bryant has been recognized as a Super Lawyer and has been named among the state’s Top 40 Personal Injury Lawyers by Minnesota Law & Politics. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation with a car accident lawyer in St. Cloud.