By Kevin J. Boissoneault, Managing Partner & President
Gallon, Takacs & Boissoneault Co., L.P.A.
If you were injured in a car accident while not wearing a seat belt, you may be wondering whether you still have a personal injury claim. The answer is yes. Not wearing a seat belt does not automatically prevent you from recovering compensation after a crash in either Ohio or Michigan.
But it can affect your injury claim, and Ohio and Michigan handle the issue differently.
In Ohio, failing to wear a seat belt is not considered negligence or contributory negligence in a personal injury case. However, if there is evidence that not wearing the seat belt contributed to the injuries you suffered, it may be used to reduce certain noneconomic damages, such as pain and suffering.
Michigan takes a different approach. Michigan law allows failure to wear a safety belt to be considered evidence of negligence, but the reduction in damages based on that seat belt violation cannot exceed 5%.
That distinction matters if an insurance company tries to make your lack of a seat belt sound like the reason the accident happened.
The question of who caused the crash is different from the question of whether wearing a seat belt might have reduced the severity of your injuries.
“Not wearing a seat belt can become part of the damages discussion, but it does not erase what another driver did to cause the crash. The real question is whether the lack of a seat belt actually contributed to a particular injury.” – Kevin J. Boissoneault, Managing Partner and President, Gallon, Takacs & Boissoneault
How Does Ohio’s Seat Belt Law Affect an Injury Claim?
Under Ohio law, not wearing a properly adjusted seat belt does not count as negligence or contributory negligence.
That means the other side cannot simply argue that you were partly at fault because you were not buckled.
But the seat belt issue can still affect your damages. A judge or jury may consider whether not wearing a seat belt made your injuries worse. If the evidence shows that it did, your noneconomic damages may be reduced.
Noneconomic damages can include:
- Pain and suffering
- Mental anguish
- Loss of companionship or consortium
- Other losses that do not come with a specific bill or paycheck
So the Ohio rule is not as simple as saying, “You were not wearing a seat belt, so your entire settlement gets reduced.”
The real question is whether not wearing a seat belt contributed to your injuries. If it did, the reduction applies to noneconomic damages, not automatically to your entire claim.
What Is Comparative Negligence?
Comparative negligence means your own actions may reduce your compensation if they helped cause the crash or made your injuries worse.
Ohio and Michigan both use comparative negligence rules. But they handle seat belt use differently.
For example, speeding or making an unsafe turn may affect who is at fault for the crash. Not wearing a seat belt is a separate issue.
Each state has its own rules for how seat belt use may affect an injury claim.
That matters because an insurance company may try to mix two separate questions: who caused the crash and whether not wearing a seat belt made your injuries worse.
Can an Insurance Company Automatically Reduce an Ohio Claim Because You Were Unbuckled?
No.
Just because someone was not wearing a seat belt does not prove how much the seat belt would have changed their injuries.
For example, imagine another driver crosses the center line and causes a serious head-on crash. The injured driver suffers a broken arm, a knee injury, and other injuries from damage pushed into the driver’s side of the vehicle.
The insurance company may argue that a seat belt would have prevented some of those injuries. But the insurer still needs evidence to support that claim.
The evidence must connect the lack of a seat belt to the specific injuries.
That may include medical records, vehicle photos, crash reconstruction evidence, medical opinions, and other information showing how the injuries happened.
An insurance adjuster’s opinion alone does not prove that a seat belt would have prevented or reduced an injury.
How Does Michigan Handle Seat Belts and Injury Claims?
Michigan law is different.
If you were injured in a crash, not wearing a seat belt may be considered evidence of negligence.
But Michigan puts a limit on how much that can affect your recovery.
A seat belt violation cannot reduce your damages by more than 5%.
For example, suppose you have $100,000 in damages. If the only issue is that you were not wearing a seat belt, the reduction cannot exceed $5,000.
Other fault issues are separate.
If you were speeding, ran a red light, or otherwise helped cause the crash, Michigan’s comparative-fault rules may also apply.
That is different from the specific 5% limit tied to not wearing a seat belt.
Why Insurance Companies Focus on Seat Belt Use
Insurance companies investigate anything they believe may reduce what they ultimately have to pay.
If a police report states that you were not wearing a seat belt, an adjuster may begin asking whether your injuries would have occurred, or would have been as serious, if you had been properly restrained.
That does not necessarily mean the insurer can prove its argument.
A serious collision involves many forces. Vehicle speed, direction of impact, airbag deployment, occupant position, vehicle intrusion, secondary impacts, and the type of injury all may matter.
A person could have suffered an injury even while wearing a seat belt. Other injuries may have been more severe because the person was unrestrained.
Those questions should be evaluated based on evidence, not assumptions.
“Insurance companies may try to turn ‘no seat belt’ into a shortcut for reducing an injury claim. But they still have to deal with the facts. You have to look at how the crash happened, what injuries occurred and whether a seat belt would actually have changed those injuries.” – Kevin J. Boissoneault
What Evidence Matters When Seat Belt Use Is Disputed?
When an insurance company raises the seat belt issue, evidence about both the accident and the injuries becomes particularly important.
That may include the police crash report, photographs of the vehicles, damage patterns, airbag deployment, emergency medical records, hospital records, diagnostic imaging, and statements from witnesses or other occupants.
In significant injury cases, medical or accident reconstruction experts may also help determine whether a particular injury would likely have occurred even if the person had been restrained.
The important point is this: The insurance company should not be able to simply assume that every injury resulted from not wearing a seat belt.
The evidence should show what actually happened.
Common Mistakes That Can Hurt Your Injury Claim
One mistake is assuming that because you were not wearing a seat belt, you do not have a case. Some injured people never speak with an attorney because they believe they automatically gave up their rights by being unbuckled. That is not what the law says in either Ohio or Michigan.
Another mistake is guessing when an insurance adjuster asks what injuries a seat belt might have prevented. You are not expected to provide a medical or biomechanical opinion about how your body moved during a collision.
You should also be truthful about whether you were wearing a seat belt. Trying to hide something documented in a police report, medical record or vehicle data can create a much larger credibility problem.
Finally, do not assume the insurance company’s first calculation is correct. If an insurer is reducing an offer because of seat belt use, the legal basis and evidence supporting that reduction should be examined.
Learn more about car accident claims and your legal rights after a collision.
Seat Belts Still Matter for Safety
The fact that someone may still have an injury claim after failing to wear a seat belt should not take away from how important seat belts are in preventing serious injuries and deaths.
Those numbers help explain why insurance companies pay close attention to seat belt use after a serious accident. But safety statistics and legal responsibility are not the same thing.
If another driver caused the crash, your failure to wear a seat belt does not suddenly make you responsible for the collision. The legal issue is whether not being restrained contributed to the injuries you suffered and, if so, how Ohio or Michigan law allows that issue to affect your compensation.
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Frequently Asked Questions About Seat Belts and Injury Claims
Can I sue after an Ohio car accident if I wasn’t wearing a seat belt?
Yes. Not wearing a seat belt does not prevent you from bringing a personal injury claim against a negligent driver. Ohio law specifically states that seat belt nonuse is not evidence of negligence or contributory negligence, although it may affect noneconomic damages if evidence shows it contributed to the harm.
Can not wearing a seat belt make me 51% at fault in Ohio?
Not based on seat belt nonuse alone. Ohio’s seat belt statute says the failure to buckle up is not to be considered evidence of negligence or contributory negligence. Other actions that actually contributed to causing the crash are separate issues.
How much can a Michigan injury claim be reduced for not wearing a seat belt?
Michigan law provides that negligence associated with violating the seat belt requirement cannot reduce recovery for damages by more than 5%.
Does being unbuckled mean the other driver is no longer at fault?
No. Seat belt use generally relates to injury severity, not what caused another driver to run a red light, rear-end a vehicle, fail to yield or otherwise cause a collision.
Does the insurance company have to prove the seat belt made my injuries worse?
In Ohio, the statute allows a reduction when the evidence supports a determination that failure to wear the restraint contributed to the harm. An insurer should not simply assume that every injury would have been avoided with a seat belt.
Should I tell my attorney that I wasn’t wearing a seat belt?
Yes. Tell your attorney exactly what happened. Knowing about the issue early allows your legal team to evaluate how the law applies, review the medical evidence and respond if the insurance company attempts to use seat belt nonuse to reduce the claim.
Questions About a Seat Belt Injury Claim in Ohio or Michigan?
If you were injured in a car accident without wearing a seat belt, you may still have the right to seek compensation.
Not wearing a seat belt does not automatically prevent you from bringing an injury claim in Ohio or Michigan.
The main issue is how the seat belt may affect the value of your claim. Ohio and Michigan use different rules, so the facts of your crash and injuries matter.
Kevin J. Boissoneault and the personal injury attorneys at Gallon, Takacs & Boissoneault represent people injured in car accidents across Northwest Ohio and Southeast Michigan.
For more than 70 years, our firm has helped injured individuals and families understand their rights, deal with insurance companies, and pursue compensation after serious crashes.
If an insurance company is trying to reduce your claim because you were not wearing a seat belt, contact Gallon, Takacs & Boissoneault. We can review what happened and explain how Ohio or Michigan law may apply.
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Kevin Boissoneault, is the President and Managing Partner of GT&B. He began his career at GT&B in 1992 and has built the Personal Injury section into one of the strongest and most successful firms in the region. His hard work and dedication as a compelling trial attorney and litigator has won many verdicts and settlements for his clients and their families. Kevin’s commitment to protecting those who have been injured through accident or negligence has brought justice for thousands of clients.
