Wearing a seatbelt is an essential - and legally required - aspect of travelling on British roads. If you have been involved in a road traffic accident and were not wearing a seatbelt, you may believe that you would not be eligible to make a compensation claim for your injuries. However, this is not the case.

Our solicitors have many years of experience in handling a wide range of road traffic accident claims, and we have successfully secured compensation on behalf of motorists and passengers who were not wearing a seatbelt at the time of their injury.

In this blog post, we will tell you everything you need to know about the law involving seatbelts and how failure to wear one could impact your chances of securing compensation.

What is the Law on Wearing a Seatbelt?

You are legally required to wear a seatbelt if you are travelling in a vehicle that has them fitted. It is the responsibility of the driver to make sure that all passengers under the age of 14 wear seatbelts, or sit in an approved car seat. All children under 1.35 metres tall require a baby seat, child seat, booster seat or booster cushion that is suitable for their weight.

It is not a legal requirement to wear a seatbelt if:

• You are travelling on a bus that does not have seatbelts fitted
• You are medically exempt
• You are making deliveries or collections in a goods vehicle less than 50 metres away

Although you can still make a claim if you are injured in a road traffic accident while not wearing a seatbelt, the amount of compensation you are entitled to claim could be affected. For instance, if you are injured or suffer worse injuries as a result of not wearing a seatbelt, the amount of compensation you receive could be impacted.

What Injuries Can Be Caused by Not Wearing a Seatbelt?

The most common injury sustained in road traffic accidents is whiplash, which occurs when the force of a collision in the car causes the head to snap forwards then backwards quickly. However, more serious injuries can occur, such as:

• Broken bones
• Fractured limbs
• Open wounds
• Paralysis
• Death

What is Contributory Negligence?

If it is found that you are partly to blame for a road traffic accident, or your injury, in some way, this is referred to as contributory negligence. For example, if you are travelling in a car as a passenger without wearing a seatbelt and another passenger drives into the back of the vehicle you are travelling in.

The solicitors of other parties involved in the case could use this as an argument for reducing the amount of compensation you can receive.

How Much Can I Claim If I Wasn’t Wearing a Seatbelt?

The amount of compensation you can claim will depend on the circumstances of your accident, as well as the injuries you have sustained.

Although the law relating to this matter is not fixed, the courts estimate that if you were not wearing a seatbelt, the amount you could claim is likely to be reduced by a percentage of the total sum.

• If your injuries would have been avoided by wearing a seatbelt, your compensation could be reduced by 25%.
• If your injuries would have been less serious if you were wearing a seatbelt, then your compensation can be reduced by 15%.
• If your injuries would have been exactly the same if you were wearing a seatbelt, then your compensation will not be affected.

How Can JMW Help?

Our solicitors can provide no win, no fee legal advice if you have been involved in a road traffic accident and were not wearing a seatbelt. We have made successful claims on behalf of many individuals and will lead your case with the utmost care.

Contact us today by calling 0345 872 6666, or complete our online enquiry form and we will be in touch at a time that is suitable for you.