Seat belts save lives. The evidence is in, and the conclusion is not open to debate. Wearing a seat belt reduces the risk of a serious injury by 50% and death by 45%. For this reason, New York requires that motorists buckle up.
But what happens if you didn’t wear a seat belt and were involved in an accident? Chances are good you suffered more serious injuries because you didn’t wear a seat belt. You might have even been thrown from your vehicle. But can the defendant raise this fact as a defense? Our Glens Falls car accident lawyer investigates the current state of the law.
New York’s Seat Belt Law
New York requires seat belts in the following situations:
- The driver and all passengers in the front shall wear a belt. Failure to wear a seat belt will result in a $50 fine.
- When the driver has a permit or a Class-DJ license, then all passengers in the vehicle, regardless of location, must wear a seatbelt.
- Children must always wear a belt or be in a child or booster seat appropriate to their size and weight.
- As of 2017, the driver and front seat passengers in taxis must also wear a seat belt.
Why Defendants Raise the Seat Belt Defense
In any car accident case, the defendant has one goal: to limit what they pay you for your injuries. For that reason, they are always looking for a defense to raise. One argument is that you did not take reasonable steps to reduce the severity of your injuries. This is called “mitigating your damages.”
Usually, mitigation happens after an accident has occurred. So someone who feels back or neck pain after a crash should go to see a doctor and receive treatment. By promptly seeking medical care, they reduce the odds of the injury degenerating and becoming worse. This is mitigation.
One argument is that you can mitigate injuries by wearing a seat belt, which is the seat belt defense. It makes a lot of sense. Because we know seatbelts reduce the severity of injuries, it’s careless not to simply buckle up.
In some states, the law prohibits a defendant from raising it. But that’s not the law in New York.
New York’s Law: It’s Complicated
The validity of the seat belt defense actually arose back in the 1970s, before New York even required that motorists buckle up. In a case called Spier v. Barker (1974), New York’s highest court considered whether a defendant could raise the seat belt defense.
The facts of the case were simple. Alyce Spier was driving her 1964 Ford convertible on Route 31 when she was struck by a tractor-trailer which attempted to pass her as she made a left-hand turn. Spier, who was not wearing a belt, was thrown from her vehicle and suffered broken legs when the Ford rolled over her. At trial, the defendant used an expert witness to testify that the seat belt would have prevented Spier from being ejected from the vehicle.
New York’s highest court held that failure to use a seat belt was a factor the jury could consider when deciding whether the plaintiff mitigated her injuries. Interestingly, the court said failure to wear a seat belt could not be raised as contributory negligence to cause the accident.
Still, failure to wear a seat belt can minimize the amount of money a victim takes home. A jury might conclude that you were more badly hurt because you didn’t buckle up. That’s particularly true if you suffer serious injuries after being thrown out the front window. But any injury could be more serious because you aren’t wearing a belt.
Will the Seat Belt Defense Impact Your Case?
At Larson & Gallivan Law, we strongly encourage everyone to buckle up. But we realize some people make mistakes. Maybe you were just going down the road and didn’t think to put your seat belt on. We won’t hold it against you.
What will be the effect of not wearing a belt? It depends on your case.
Most likely, the issue will arise if you seek to step outside New York’s no-fault system and make a claim on another driver’s insurance policy because you have a serious injury. At that point, the insurer will likely raise the seat belt defense. They will claim your injuries are much more serious because you didn’t buckle up. Even if they accept liability, they will still argue you failed to mitigate by slipping on a seat belt.
A big factor will be the type of injuries you suffer. If you were tossed out of the vehicle, then failure to buckle up likely contributed to your injuries. Seat belts are very good at restraining people and keeping them inside the car. They also can minimize concussions, whiplash, and fractures.
Let us review your case. Our car accident lawyers excel at negotiating favorable settlements, and we will do everything to minimize the fact that you weren’t buckled up.
Also be sure to mention that fact to your lawyer. The police report might mention it, but it’s best to be upfront. You don’t want your legal team blindsided by this revelation.
Schedule a Free Consultation with a Glens Falls Car Accident Lawyer
Seat belts have improved public safety and saved thousands of lives. They also have raised unique legal issues in some accident cases. If you didn’t wear a seat belt when you were involved in a wreck, you can still seek financial compensation. The law doesn’t permanently bar you from requesting money damages for your car damage, medical care, pain and suffering, and/or loss of income. We will still fight for the most money available under the circumstances.
Contact our law firm to go over your options. We can discuss your accident in greater detail in a free, no-pressure consultation at our firm. We have helped hundreds of motorists make car accident claims, and we are happy to make our services available to the Glens Falls community.
