How Not Wearing A Seat-Belt Can Hurt Your Injury Lawsuit

If you get involved in a car accident, while you’re not wearing a seat-belt, it could potentially hurt your lawsuit and end with a lower settlement of your claim, regardless of whether you had good reason to not be wearing it or were simply negligent.

Whether you were wearing one or not also doesn’t affect your ability of filing a claim; you are allowed to do so regardless. This is because, oftentimes, the person not wearing a seat-belt didn’t cause the accident itself. It was the careless driving of another person that caused the collision, and no seat-belt in the world can better somebody else’s driving. Thus, the seat-belt-less person that was hit is not responsible for the accident and is allowed to freely file their claim.

However, you will most likely be paid less damages since that seat-belt may have reduced or even prevented certain injuries. For example, you not have hit your head on the steering wheel, or you may not have suffered trauma to your spinal cord. How much will be cut from your compensation is depended on the evidence presented in court and the specialized experts who will analyze said evidence.

The Ontario Court of Appeal, has decided that a maximum of 25% can be cut, if the person neglected to wear their seat-belt and was thus, much more severely injured than would have otherwise been the case. Of course, that percentage may be much lower since that is depended on the cases.

Looking at the statistics, in most cases the percentage is actually at a low 5 to 10 percent, whereas 25% is only ordered in the few and far between cases in which the jury is convinced the majority of injuries could have been prevented if the person had been strapped in by their seat-belt.

In conclusion, wearing a seat-belt as soon as you enter your vehicle is in your own best interest. It doesn’t just protect your body from potentially severe injury to your head and spinal cord (or even entire body if you get flung through your windshield), it can also protect your wallet by getting you the full compensation you would have otherwise received from the reckless driver who collided with your car.

Additionally, don’t give up easily but it is essential to discuss your case with an injury lawyer in Brantford as they can help you get a better view of your compensation claim. It is important to know if you are eligible for compensation or not.