Being involved in a car accident is traumatic enough without worrying about whether your failure to wear a seatbelt will prevent you from seeking compensation. If you were injured in a North Carolina car accident while not wearing a seatbelt, you may wonder if you can still pursue a personal injury claim.
The answer is usually more complex than a simple yes or no, so it’s important to have the experienced North Carolina auto accident attorneys from Paynter Law on your side to evaluate the details of your case and help advise you on the best path.
North Carolina’s Contributory Negligence Rule
North Carolina follows one of the strictest negligence rules in the United States: contributory negligence. Under this doctrine, if you are found to be even 1% at fault for causing your accident or injuries, you may be completely barred from recovering any compensation.
This rule makes North Carolina different from most other states, which follow comparative negligence laws that reduce damages based on your percentage of fault rather than eliminating them entirely.
When it comes to seatbelt use, the question becomes whether failing to wear a seatbelt constitutes contributory negligence that would prevent you from recovering damages for your injuries.
North Carolina’s Seatbelt Laws
North Carolina requires all drivers and front-seat passengers to wear seatbelts, and all passengers under 16 must be properly restrained regardless of where they sit in the vehicle. The state’s seatbelt law is a primary enforcement law, meaning police officers can stop and ticket drivers solely for seatbelt violations.
However, the existence of a seatbelt law doesn’t automatically mean that failing to wear one constitutes contributory negligence in a personal injury case.
The Seatbelt Defense in North Carolina
Insurance companies often try to use what’s known as the “seatbelt defense” to reduce or eliminate their liability when an accident victim wasn’t wearing a seatbelt. They argue that the victim’s injuries would have been less severe or nonexistent had they been properly restrained.
In North Carolina, courts have generally held that failing to wear a seatbelt does not constitute contributory negligence that caused the accident itself. The reasoning is that not wearing a seatbelt doesn’t contribute to causing the collision – it may only affect the severity of injuries sustained.
When Seatbelt Use May Impact Your Case
While not wearing a seatbelt typically won’t prevent you from filing a lawsuit, it can still impact your case in several ways:
Mitigation of Damages
Even if your failure to wear a seatbelt doesn’t constitute contributory negligence, it may still affect the amount of compensation you can recover. If the insurance company can prove that wearing a seatbelt would have prevented or reduced your injuries, they may argue for a reduction in damages based on the concept of “avoidable consequences” or “failure to mitigate damages.”
Jury Perception
Although evidence about seatbelt use may be limited or excluded in some cases, when it is admissible, it can influence how a jury perceives your case. Jurors may view failure to wear a seatbelt as irresponsible behavior, even if it doesn’t legally constitute contributory negligence.
Specific Injury Claims
The impact of not wearing a seatbelt varies depending on the type of injuries sustained. For some injuries, such as those caused by being ejected from the vehicle, the lack of a seatbelt may be directly related to the severity of harm. For other injuries, such as those from the initial impact, seatbelt use may be irrelevant.
Proving Your Case Despite Not Wearing a Seatbelt
If you weren’t wearing a seatbelt at the time of your accident, you can still potentially recover compensation by:
Demonstrating the Other Driver’s Negligence
Your primary focus should be on proving that the other driver caused the accident through their negligent actions, such as:
- Speeding or reckless driving
- Distracted driving (texting, phone use, etc.)
- Driving under the influence
- Failing to obey traffic signals or signs
- Following too closely
Showing That Seatbelt Use Wouldn’t Have Prevented Your Injuries
Your legal team can work with medical professionals and accident reconstruction specialists to demonstrate that your specific injuries would have occurred regardless of seatbelt use. Some injuries, particularly those from side-impact collisions or certain types of crashes, may not be preventable through seatbelt use.
Challenging the Seatbelt Defense
Insurance companies don’t automatically win by raising the seatbelt defense. They must prove that seatbelt use would have actually prevented or reduced your specific injuries. This requires credible evidence and expert testimony, which can be challenged.
Moving Forward After Your Accident With Paynter Law
While not wearing a seatbelt can complicate your personal injury case, it doesn’t necessarily prevent you from seeking compensation for your injuries. The key is understanding how North Carolina’s contributory negligence law applies to your specific situation and working with the team at Paynter Law to build the strongest possible case.
Every accident is unique, and the impact of seatbelt use on your case will depend on the specific circumstances of your collision and injuries. Rather than assuming you have no legal options, it’s important to have your case evaluated by our team.
If you’ve been injured in a car accident, whether or not you were wearing a seatbelt, contact Paynter Law at (919) 245-3116 for a free consultation. We’ll review the details of your case and help you understand your legal options for seeking the compensation you deserve.