Fact-Checked: Why Trust Rittgers Rittgers & Nakajima Ohio law mandates seatbelt use for drivers and front-seat passengers aged 16 and older. If you’ve been in a car accident in Ohio, you might be wondering about the role of wearing (or not wearing) a seat belt on your potential personal injury claim. It’s a complex topic often referred to as the “seatbelt defense,” which can significantly impact the compensation you might receive.
What is the seatbelt defense?
The seatbelt defense is a legal strategy used by the at-fault driver’s insurance company or attorney to argue that the injured party’s failure to wear a seatbelt contributed to the severity of their injuries. The core idea is that while not wearing a seatbelt doesn’t cause an accident, it can worsen injuries sustained in a crash.
Ohio’s comparative negligence system
Ohio follows a modified comparative negligence system, meaning that if you are found partially at fault for your injuries, your potential compensation can be reduced proportionally. Under this system, as long as you are not found to be more than 50% at fault, you may still be eligible for compensation.
How does the seatbelt defense work in Ohio?
- Impact on Fault: Not wearing a seatbelt doesn’t make you responsible for the accident itself. That’s determined by the actions of the at-fault driver. However, your lack of seatbelt use could be used to argue that you share some responsibility for the nature and extent of your injuries.
- Reduced Compensation: If a court determines that your failure to wear a seatbelt worsened your injuries, your compensation could be reduced by a percentage reflecting your share of responsibility. For instance, if you were awarded $100,000 but deemed 20% responsible due to not wearing a seatbelt, you would only receive $80,000.
- Focus on Negligence: A good and experienced personal injury lawyer can help you build a strong case focusing on the at-fault driver’s negligence and argue that their actions were the primary cause of your injuries, regardless of seatbelt use.
- Expert Testimony: In some cases, medical or biomechanical experts might be needed to demonstrate the link between not wearing a seatbelt and the severity of injuries.
Seeking legal counsel
If you’ve been in a car accident and are concerned about the impact of the seatbelt defense on your personal injury claim, it’s crucial to consult with an experienced personal injury attorney. They can help you navigate the legal complexities, challenge unfair fault determinations, and advocate for the maximum compensation you deserve.