What Happens if I Wasn’t Wearing a Seat Belt in My Car Accident?

The aftermath of a New Jersey car accident can seem overwhelming. If the collision was due to the negligence of another party and you sustained serious injuries, you may be entitled to compensation for your damages. However, it’s important to keep in mind that failing to buckle up in accordance with New Jersey’s seat belt laws can negatively impact your right to recover compensation. Please continue reading to learn what happens during the claims process if you weren’t wearing a seat belt and how a dedicated Morris County Car Accident Attorney can help protect your rights. 

Is Wearing a Seat Belt Required by Law in New Jersey?

All motor vehicle occupants in New Jersey are required to wear a seat belt, ensuring it’s properly adjusted and fastened. This means that vehicle passengers and operators who don’t wear seat belts can receive a citation for violating the rules of the road. This is because not wearing a seat belt significantly increases your risk of injury in a car accident. Failure to wear a seat belt is not only against the law, but it can also potentially reduce the amount of damage that you can cause in a personal injury claim.

Can I Recover Compensation?

Violating New Jersey’s seat belt laws can result in various penalties, including fines and driver’s license points. In the unfortunate event of a car accident that causes personal injury, failing to wear a seat belt can also potentially hinder your ability to recover compensation for your damages. New Jersey courts allow the defendant, even if they were at fault, to raise an affirmative defense that the injured person failed to mitigate damages by declining to use an available seat belt. Therefore, a failure to wear a seat belt will not prevent you from pursuing legal action, but it can reduce your recovery.

The success of the seat belt defense will depend on numerous factors, including the laws in the state presiding over the claim, the type of injuries sustained, and whether or not those injuries would have been avoided had you been wearing a seat belt. For the seat belt defense to be applicable, the defendant will need to prove that you were negligent by failing to wear one and that this failure contributed to your injuries. Keep in mind, that New Jersey is a modified comparative negligence state. This means you can still recover compensation even if you are found to be partially to blame for your injuries. However, your compensation will be reduced in proportion to your share of fault for the accident.

At Lutz Injury Law, we are prepared to help you fight for the full and fair compensation to which you are entitled. Connect with our firm today to learn how we can guide you through this complex legal process.