Do I have a claim if I wasn’t wearing my seat belt?

If you were not wearing a seat belt in a truck accident caused by a negligent truck driver, your claim may be more complicated. However, you may still be entitled to compensation for your injuries from the insurance company. Here is how your failure to wear a seat belt could affect your case.

What Are the Penalties for Not Wearing a Seat Belt in Virginia?

Car Seat BeltIn Virginia, drivers and passengers in the front seat who are 18 years or older are required to wear a seat belt while the vehicle is in motion. Passengers who are under 18 years old must comply with the state’s child restraint laws no matter where they are seated. Under Virginia Code §46.2-1094, individuals who violate this law face these consequences:

  • They could have to pay a civil penalty of $25.
  • A violation of the law does not constitute negligence.
  • A violation of the seat belt law does not constitute mitigation of damages in any nature.

How Contributory Negligence Could Affect Your Claim

Although the insurance company cannot claim that your violation of Virginia’s seat belt law prevents you from receiving compensation, they may try to claim that your actions should be considered negligent under Virginia’s negligence laws. Our state follows a harsh contributory negligence rule that provides that you would be not be entitled to compensation if you were at all to blame for the crash—even one percent.

However, it is important to keep in mind that just because the insurance company tries to deny your claim because you were not wearing a seat belt does not make their reason valid. They would have to prove that your failure to wear a seat belt caused your collision and injuries. In many truck accidents, the lack of a seat belt has nothing to do with why the crash occurred and the victim’s injuries.

If you were not wearing a seat belt at the time of your truck collision, you need to consult with an experienced truck accident lawyer to learn how this could affect your claim for compensation. To find out about your options and how we can help you build a winning case, call our Norfolk office to schedule your free initial consultation today.