Can You Recover Compensation if You Weren’t Wearing a Seat Belt in Kentucky?

Kentucky seat belt law requires drivers and other vehicle occupants to wear a seat belt. So, what happens if you were injured in a car accident by a negligent driver and you were not wearing your seat belt? Can you still recover compensation for your injuries and damages in such a case? If you were injured in a Kentucky car accident and you had not strapped on the seat belt, you should contact a car accident attorney as soon as possible. While you could still be able to recover compensation, the fact that you had not strapped on the seat belt could complicate your compensation claim. It could affect the outcome of your case.

Kentucky Seat Belt Law

Kentucky has a primary seat belt law requiring all drivers and passengers to wear seat belts. A driver can be stopped and cited if they or another vehicle occupant is not wearing a seat belt. The only exception is if a child is secured in a child-restraint system that meets the set standards. There is also an exception for individuals with a doctor’s letter. The seat belt law exists to enhance safety and reduce the severity of injuries in the event of an accident. Since the passage of Kentucky’s primary seat belt law, seat belt usage in the state has significantly increased. However, every year, over half of Kentucky’s traffic deaths are not buckled up.

If a driver or passenger is found without a seat belt, they could be fined. Not wearing a seat belt can also affect the outcome of a personal injury claim.

How Not Wearing a Seat Belt Can Impact a Personal Injury Claim

If you were injured in a Kentucky car accident and were not wearing your seat belt, you are not barred from seeking compensation from the negligent party. You cannot be deemed to have contributed to your accident because your seat belt was not on. In fact, according to Kentucky law, the failure of any individual to wear a seat belt cannot be considered negligence per se or comparative negligence. The failure to wear a seat belt cannot be admitted as evidence in court regarding the question of negligence.

However, the fact that you did not have a seat belt on might matter in the question of damages. The at-fault party’s insurance company or legal representative may claim your injuries would not have been as severe if you had your seat belt on at the time of the accident. They might try to use your failure to wear a seat belt to minimize the compensation you receive. If the at-fault party’s insurance company or legal representative can prove wearing your seat belt could have resulted in less severe injuries, your compensation could be reduced. The extent to which your damages are reduced depends on the specifics of your accident and the injuries you suffered.

Navigating a personal injury claim when you were not wearing a seat belt can be challenging. It is vital to have a skilled personal injury lawyer on your side who can help you build a strong case to counter the seat belt defense. Even if your compensation is reduced, a qualified attorney can ensure you still receive fair compensation.

Contact Us for Legal Help

If you were injured in a Kentucky car accident and didn’t have a seat belt, contact our London and Southeast Kentucky auto accident attorneys at Cessna & George Law Firm for help with your case.

Source:

apps.legislature.ky.gov/law/statutes/statute.aspx?id=45204