Car Accident Claims Without a Seatbelt

It is estimated that seat belts save approximately 15,000 lives each year. While there is no question of the lifesaving effects of seatbelt use, thousands of people still fail to buckle up. If you file a car accident claim, a lack of seatbelt use might cause hiccups.

Failing to use proper restraints does not prohibit you from filing a claim. Our Kentucky car accident attorneys from Wilt Injury Lawyers can assess your situation and uphold your right to compensation, regardless of seatbelt use.

Kentucky Seatbelt Laws

Under Kentucky law, all drivers and passengers must wear a seatbelt. Under the state’s primary seatbelt law, a driver can be cited for any vehicle occupant who is not properly restrained. Additionally, any child between 40 and 57 inches in height under eight must be secured in a child booster seat. Children shorter than 40 inches must be secured in a child restraint system.

Seatbelts can reduce your risk of moderate to severe injury by 50 percent, making buckling up one of the safest choices. While many believe that airbags alone can save their lives, airbags pose a serious injury risk if you are not properly restrained.

If you were unrestrained, a liable driver’s insurance company may claim that your injuries would have been less severe had you chosen to wear a seatbelt, so they reduce your settlement due to comparative negligence. This is commonly known as the “seatbelt defense.”

Does the Seatbelt Defense Apply to a Kentucky Car Accident Claim?

Kentucky’s seatbelt law prohibits using the seatbelt defense to reduce car accident compensation based on comparative negligence or negligence per se. This means that negligent drivers and their insurers cannot reduce your settlement purely based on a failure to wear a seatbelt.

However, many insurance companies will use any tactic to avoid paying full compensation, hoping you are naïve enough not to question their offers. You need legal representation from a car accident attorney to prevent any unlawful tactics on the insurer’s part, such as using evidence of your seatbelt use.

Advocating for You in the Face of Adversity

Aside from the seatbelt defense, insurers have other strategies to claim that you contributed to your injuries. For instance, the insurance company may claim that your condition resulted from not seeking medical treatment immediately, not the accident itself. They might also claim you were distracted or otherwise contributed to the collision.

If an insurer does attempt to hold you accountable for your injuries, our car accident lawyers are available to protect your interests and challenge unfair blame. By consulting an accident reconstructionist and collecting pertinent information, we can show the correlation between the severity of your injuries and the other driver’s actions.

Injured? Contact Our Kentucky Car Accident Attorneys Today

While choosing to buckle up is one of the wisest moves, failing to wear a seatbelt does not cause insurance to deny or reduce your claim. If you have recently been involved in a crash, our Kentucky car accident lawyers are here to help. With attorney Ronald Wilt receiving more than 13 years of recognition from Super Lawyers, our legal team is prepared for any curveballs that the insurance company throws our way.

To schedule your free consultation or learn more, contact us online or call us today.