Failing to Wear Your Seat Belt Will Reduce Your Car Accident Claim

Posted By Matthew Clawson || 27-Feb-2015

Colorado law says “buckle up.” Most know that failure to wear a seat belt in the front seats of a car will result in a traffic ticket. However, many do not know that if you are injured in a car accident your failure to wear a seat belt will also reduce the value of compensation for your injuries.

Colorado statutes (C.R.S. 42-4-237) require that every driver of, and every front seat passenger in, a motor vehicle equipped with a “safety belt system” shall wear a fastened safety belt while the motor vehicle is being operated on a street or highway in Colorado. If the vehicle is equipped with a lap and shoulder belt, both must be worn to comply with the statute.

The statute goes on to say that, if a person claims for injuries from a car accident, the injured person may not recover compensation for damages for “pain and suffering” damages that were caused by the failure to wear the safety belt—no matter how negligent the striking driver was to cause the car accident. “Pain and suffering” damages that may be reduced by non-use of safety belts include inconvenience, emotional stress and impairment of quality of life.

The striking driver (and his insurance company) can invoke the statute to reduce the claim against him if there is any “competent evidence” of safety-belt non-use even if there is limited or no evidence of a “causal relationship” between the claimed injuries and the non-use of the safety belt. In cases where the claim for damages may be decided by a jury, courts have held that it is up to the jury’s “common sense” to apportion pain and suffering damages between the injuries associated with seat belt non-use and other claimed injuries.

A court recently considered whether the statute also may be applied in criminal restitution cases. A driver who is criminally negligent and causes a car accident, and the resulting injuries, must pay restitution in the criminal case to all parties who were injured on account of his criminally negligent conduct—unless the injured person was “grossly negligent” to cause his own injuries. Fortunately, the Colorado court recently held that a passenger’s failure to use a safety belt was not “gross negligence” sufficient to reduce, or deny, that injured party’s claim for restitution against the criminally negligent driver.

Insurance companies will diminish, and sometimes deny, car accident injury claims if the police report does not affirm that the injured claimant was wearing a safety belt at the time of the collision. But sometimes the police report is wrong. For instance if the collision results in serious injuries, often the first responders to the scene (fire department paramedics) will detach the safety belt in order to evaluate the injuries and extract the injured person from the vehicle. If the paramedics are not interviewed by the police officer, the officer will not have any information to use to confirm use of the safety belt. Sometimes a motor vehicle occupant can sustain injuries, and lose consciousness, even in moderate speed impacts. The occupant may, instinctively and without memory, unbuckle the safety belt after the impact in a foggy attempt to exit the vehicle. When the police officer comes upon the occupant in the vehicle, he has likely regained consciousness and is sitting with the safety belt unbuckled—with no memory of how the belt came unbuckled when the officer asks. The police officer will likely indicate “no use” of the safety belt in his report in that situation as well.

Experienced personal injury attorneys, such as those at Clawson & Clawson LLP, are familiar with these situations and know how to develop the case and evidence to support the use of safety belts in collisions. In some cases, the seat belts must be removed and tested by experts who can confirm the fibers and mechanisms reflect their use in the collision. If the insurance company is denying your injury claim because there is no affirmation of safety belt use in the police report, consider contacting the attorneys at Clawson & Clawson LLP for a no-charge initial consultation to review your accident case and to learn your options for presentation of your case to the insurance company.

Categories: Car Accident

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