If you have recently been involved in a car accident and weren’t wearing your seatbelt at the time, you may be concerned about your right to pursue legal action against the other driver. However, as long as the other driver’s negligence caused the accident you should be able to recover compensation even if you were not wearing your seatbelt. Factors like this can have several important implications in a personal injury case so it is important that you understand your rights and legal options after a crash. Contact a Kane County car accident lawyer to set up your free consultation today.
Can I Recover Compensation After a Car Accident if I Was Not Wearing a Seatbelt in IL?
Illinois requires all drivers and passengers to wear a seatbelt when a vehicle is in motion. However, many disregard this law. It is important to know that yes, you can still file a lawsuit or claim and seek compensation if you were not wearing a seatbelt during your car accident. While state law does require seatbelt use, it does not prohibit an individual from recovering damages if they are injured in a crash without one. You are still within your rights to hire a lawyer and file an insurance claim or lawsuit against the negligent driver. However, the fact that you were not wearing a seatbelt could be used against you.
Can I Be Found Comparatively Negligent if I Wasn’t Wearing a Seatbelt?
Yes, it is possible that you will be found comparatively negligent if you were not wearing a seatbelt when your accident took place. If your failure to wear a seatbelt contributed at all to the extent of your injuries, it can impact the amount of compensation you receive.
Illinois follows a modified comparative negligence rule, meaning that if you are deemed partially responsible for the accident or your damages, the compensation you are entitled to can be reduced in proportion to the extent of your fault. This law allows an insurance company or court to assign a percentage or degree of fault to all relevant parties.
During a claim or lawsuit, the opposing party could claim that your injuries would have been less severe if you had been wearing a seatbelt or that you would not have been hurt at all. In Illinois, as long as you are found to be less at fault than the other party (less than 51%) you can still recover damages. However, the amount of damages will be far less than if the other driver is 100% liable for the accident.
If by not wearing your seatbelt a court finds you 20% negligent for your injuries, you are only entitled to 80% of the total compensation you would have been awarded. Wearing your seatbelt is important for safety reasons but also to avoid having it used against you during a car accident claim or lawsuit. Speak to an experienced attorney to learn more about your rights and options during this time.
