Not Wearing a Seat Belt Can Affect Your Missouri Accident Case
Not wearing a seat belt can affect your Missouri accident case. In this article we take a look at Missouri’s seat belt laws, the impact seat belt non-usage has on crash severity, and the implications that not wearing a seat belt can have on accident claims in Missouri. Here at McShane & Brady, located in Kansas City, Missouri, our personal injury attorneys are experts in representing those who have been injured in accidents because of another’s negligence.
In the blink of an eye, an auto accident can change your life forever. Accidents happen, but the decisions you make in those critical moments can have a significant impact on your well-being and the outcome of any subsequent personal injury lawsuit. One such decision is whether or not to wear a seat belt. In Missouri, and across the United States, seat belt use is crucial not only for safety but also for your potential personal injury lawsuit settlement.
The Importance of Seat Belt Usage
First and foremost, we must emphasize the paramount importance of wearing a seat belt. Seat belts are designed to protect you in the event of an accident by restraining your body and preventing ejection from the vehicle. They reduce the risk of severe injury and save lives. It’s not just a safety measure; it’s the law. In Missouri, as in many states, seat belt usage (or other safety restraint depending on age & size) is mandatory for all occupants of a motor vehicle. Seat belt non-usage can lead to fines, but not wearing a seat belt can affect your Missouri accident case as well.
Consequences of Seat Belt Non-Use in Missouri Crashes
Missouri’s seat belt laws are enacted for crucial safety purposes. As per the Missouri State Highway Patrol’s statewide crash data for 2022, individuals involved in Missouri crashes who neglected to wear seat belts accounted for:
– 35% of injuries deemed to be disabling
– 62% of fatal injuries
– 66% of individuals partially or entirely ejected from vehicle
For additional Missouri accident data, see our previous blog article, “Missouri Car Accident Statistics”.
The Seat Belt Defense in Missouri
When an accident takes place with someone not wearing a seatbelt, it can lead to more serious injuries for that individual. Furthermore, in certain instances, it can complicate the process of obtaining appropriate compensation, as insurance companies might leverage this non-compliance to diminish the worth of your claim. This legal tactic is commonly referred to as the “Seat Belt Defense.”
Only 15 states allow the Seat Belt Defense in personal injury cases, and Missouri is one of them. In Missouri, this defense strategy can be employed by the defendant to mitigate their responsibility and diminish the final settlement awarded to the injured party. To employ the Seat Belt Defense, the defendant must provide an expert witness who can attest that your injuries were, in part, a result of your failure to wear a seatbelt.
Missouri legislation has, however, put safeguards in place to prevent this defense from disproportionately affecting the value of an individual’s injury claim. In accordance with Missouri law, only a minimal one percent (1%) of fault can be attributed to a victim for their non-seatbelt use.
Comparative Negligence
Missouri follows a “comparative negligence” system when it comes to personal injury cases. This means that in an accident, more than one party may be responsible for the injuries sustained. If you were involved in an auto accident and are found to be partially at fault, you can only receive damages for the amount that was not your fault.
Here’s how it works:
- Comparative Negligence Assessment: The court assesses the fault of each party involved in the accident, including the injured party.
- Reduction in Damages: The court will reduce your final settlement by the percentage of fault assigned to you. For example, if you are seeking damages in the amount of $250,000 and you are found to be 20% at fault for the accident, your potential settlement will be reduced by 20%. Additionally, if the negligent party (defendant) successfully employs the Seat Belt Defense, your compensation can be reduced by another 1%, thus lowering your settlement to 79%, or $197,500.
Remember that the defense’s goal is to minimize their liability and, therefore, their financial responsibility in your case. Not wearing a seatbelt can be used as an argument to achieve this.
Experienced Kansas City Car Accident Attorneys
Your safety should always be the top priority when driving. Seatbelts are not just for your well-being, but they also play a role in the outcome of personal injury lawsuits in Missouri. To ensure that your rights are protected and your Missouri personal injury lawsuit proceeds smoothly, it’s essential to consult with an experienced personal injury attorney like the dedicated team at McShane & Brady.
If you’ve been injured in a Missouri auto accident in the Kansas City area, contact us today. We’ll help you understand your legal rights and guide you through the complexities of your personal injury lawsuit, taking into account all factors, including seatbelt usage, to ensure the best possible outcome for your case. Your safety and well-being are our top priority, and we’re here to fight for the justice you deserve. You can reach us by phone at (816) 888-8010 or via our website. We look forward to speaking with you.