A car accident is difficult enough to deal with – but if you weren’t wearing a seatbelt at the time, it’s natural to feel even more anxious about what comes next. You might be wondering: Did I just ruin my case? Will the insurance company use it against me when I try to file a claim? Can I still recover compensation for my injuries?
The good news is yes – you may still have a valid claim. Pennsylvania law doesn’t automatically prevent you from seeking compensation just because you forgot to buckle up. But there are some important things to know about how seatbelt use could factor into your case.
At the Law Offices of Cohen and Riechelson, we’ve helped clients across Northeast Philadelphia, Lower Bucks County, and nearby areas navigate these situations. Here’s what you need to know:
Pennsylvania law requires most drivers and passengers to wear seatbelts, with specific rules based on age and seating position. Specifically, in Pennsylvania:
If you were not restrained when the accident occurred, that doesn’t mean you’re automatically at fault. In fact, Pennsylvania law limits how seatbelt use can be used in court. Generally, the other side can’t point to your lack of a seatbelt as proof that you were negligent or to reduce your right to compensation – unless they can prove that not wearing one directly caused or worsened your injuries.
And that’s not easy to prove. Insurance companies often try, but they must present real evidence, like expert medical testimony, to make that argument stick.
It might – but not in the way you think.
Pennsylvania uses something called modified comparative negligence. This means you can still recover compensation if you were 50% or less at fault for the accident or your injuries. If you’re found partially responsible, your compensation will simply be reduced by your percentage of fault.
For example, if the insurance company successfully argues that your injuries were more severe because you didn’t have a seatbelt on, they may try to reduce your payout. But they must still show a direct connection between not wearing a seatbelt and the severity of your injuries – which isn’t always easy to establish, especially when the other driver’s actions caused the crash in the first place.
Here’s the bottom line: Not wearing a seatbelt doesn’t take away your right to pursue compensation. That said, seatbelt use can become a point of contention in your case.
A knowledgeable personal injury lawyer in Pennsylvania can assess how it may affect your claim, protect you from unfair blame, and help you pursue the full compensation you deserve.
Pennsylvania drivers can choose between full tort and limited tort insurance coverage. This can make a difference in how much compensation you’re entitled to after a crash.
If you have limited tort coverage and were riding without a seatbelt, the insurance company may push even harder to downplay your injuries. That’s why having a knowledgeable attorney review your policy and the facts of your case is essential.
After a crash, insurance adjusters may seem helpful, but they’re trained to protect the company’s bottom line.
If you’re already overwhelmed by medical appointments, paperwork, and recovery, getting a call from an insurance adjuster can feel like just one more burden. And in some cases, they don’t wait long – some adjusters may contact you within hours of the crash, hoping to catch you off guard or get you to settle quickly.
If they learn you hadn’t fastened your seatbelt, they may:
They might even bring in expert witnesses to argue that a seatbelt would have prevented your injuries. But these tactics don’t always hold up – especially when the other driver clearly caused the crash.
We know how to challenge these claims and make sure the focus stays where it should: on the other party’s negligent behavior.
If someone else in your vehicle was hurt – particularly a child – Pennsylvania’s seatbelt and child restraint laws could affect how your case is evaluated. As a driver, you’re expected to ensure that anyone under 18 is properly restrained using a seatbelt, booster, or child safety seat that meets legal standards.
When a child or unbuckled passenger is injured in a crash, the insurance company may argue that improper restraint contributed to the severity of their injuries. While that can make the legal process more nuanced, it doesn’t automatically bar you from pursuing a claim, especially when the collision was caused by another driver’s negligence.
Ultimately, the key question is still who caused the accident. If someone else ran a red light, was texting while driving, or failed to yield, they may still be held legally responsible for the harm that followed – even if a passenger wasn’t properly restrained.
These cases can be especially sensitive, and it’s not uncommon for insurers to try to shift blame or limit what they pay. That’s why it’s so important to work with an attorney who understands the legal complexities and can help you protect your rights and your family’s future.
At the Law Offices of Cohen & Riechelson, we provide compassionate and strategic guidance in these difficult situations, helping injured clients and their loved ones pursue the compensation they need to move forward.
If you’ve been in a crash and weren’t buckled up, there are important steps you can take to safeguard your well-being and your right to compensation:
Taking action early can make all the difference – it strengthens your injury claim and keeps insurers from shaping the narrative before you’ve had a chance to fully understand your rights.
In Pennsylvania, you typically have two years from the date of the accident to file a personal injury lawsuit. However, waiting can make it harder to gather evidence and secure the compensation you deserve – so the sooner you begin, the better.
No one expects to be in a car accident, and few people handle everything perfectly in the aftermath. But forgetting to buckle up doesn’t erase your right to pursue justice – especially when someone else’s negligence caused the crash.
If you’re facing medical bills, lost income, or the emotional toll of recovery, you may be entitled to compensation for:
Even if the insurance company tries to minimize your claim, you don’t have to face them alone. At the Law Offices of Cohen and Riechelson, we’re here to help you understand your rights, evaluate your options, and build a case that reflects the full impact the accident has had on your life.
At the Law Offices of Cohen and Riechelson, we’ve spent decades helping people across Bucks County, Northeast Philadelphia, and surrounding areas recover after serious car accidents.
Whether your crash happened in Mayfair, Bensalem, Doylestown, Levittown, or anywhere in between, we’re ready to help you take the next step.
You don’t need to have done everything perfectly to deserve support. What you need is someone who will listen, advocate for you, and guide you through what comes next.
Contact us today by calling to schedule a free consultation. Let’s talk about your situation – and how we can help you move forward with confidence.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every personal injury case is different. To understand your legal rights and options, consult a qualified attorney licensed in your state.
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