For most people wearing a seat belt whilst in a vehicle is the law. By wearing a seat belt you minimise the harm to both you and others in the vehicle should you be unfortunate enough to be involved in a road traffic accident.
In view of the above it is rare that we have claims where clients were not wearing a seat belt during a road traffic accident. However, it is more commonly cases involving buses and taxis where we find a client may not be wearing a seat belt. This may be because seat belts were not provided or that people are sometimes more likely to neglect to put a seat belt on when in a bus or taxi.
Contributory Negligence And Seat Belts
Where individuals were not wearing a seat belt whilst in a vehicle involved in a road traffic accident and seat belts were provided, whatever compensation they are entitled to, may be reduced by up to 25% – for larger pay-outs this can add up to a large reduction in awards. This reduction is due to a legal term known as contributory negligence, e.g. by not wearing a seat belt you may have increased the severity of your own injuries. It may also be the case that had an individual been wearing a seat belt they would not have suffered an injury at all.
Where a client was not wearing a seat belt during a road traffic accident, we would often ask the medical expert to comment in their report how much they feels that neglecting to wear a seat belt has contributed to the injuries sustained. This then allows us, and the opponents, to calculate the appropriate reduction.
The laws regarding the use of seat belts are fairly straight-forward for those individuals who are over the age of 14. The law with regards to younger children can become more complex as it often depends on the age and height of the child as to whether they wear a child restraint or adult seat belt.
How Nelsons Can Help
At Nelsons, we deal with personal injury claims on behalf of many clients which stem from road traffic accidents. We work to ensure that our clients receive the best possible amount of compensation for their injury and other financial losses sustained as a result of the accident.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.