We’ve all heard it throughout our lives — buckle up before starting the vehicle. Drivers and passengers alike must take responsibility for their own safety by wearing a seatbelt. But if someone doesn’t buckle up, what are the legal repercussions? Is not wearing a seatbelt a contributory negligence?
What is Contributory Negligence?
Contributory negligence is a legal theory used to determine fault in cases involving personal injuries. It is invoked when an injured party can be found to have partially neglected their own safety, contributing in some way to the accident or injury. When contributory negligence is found, the damages awarded to that person may be reduced or entirely barred.
At its core, contributory negligence asserts that an individual’s choice or action caused them harm as a result of them failing to exercise reasonable care for their own safety. If this is proven true, any damages they might have otherwise received will likely be diminished significantly.
Is Not Wearing a Seatbelt A Contributory Negligence?
The answer to this will depend on the state.
In North Carolina, it’s illegal to not wear a seat belt. Regardless of age, or whether you’re the driver or a passenger, everyone is required to wear a seat belt. We’ve all seen the ad campaigns and the “click it or ticket” slogan to encourage drivers to wear their seatbelts, and hopefully this is a law that we all take very seriously. Seat belts save lives: they protect not just you, but other passengers in your car as well.
However, let’s say one day you forgot to put on your seatbelt. And while you were driving through an intersection, a car coming from the other direction runs the light and crashes into your car. Your car is damaged, and you’ve sustained more injuries because you weren’t wearing a seat belt. The accident was in no way your fault. Apart from not wearing your seat belt, you were obeying the laws of the road. Therefore, you do not have contributory negligence.
It is important to know though that North Carolina rejects what is known as the “seatbelt defense.” A case in 1968 (Miller v. Miller) ruled that failure to wear a seat belt might mean that the amount paid out could be lessened because your injuries could have been less substantial had you been wearing a seat belt. Again, no matter what, please be safe on the roads, and buckle up.
Can I be Held Responsible if Someone Else Got Injured While Not Wearing a Seatbelt?
For example, if you allow someone else to ride with you in your car and they choose not to wear a seatbelt – even though you told them to – then you may bear some responsibility for their resulting injuries. The same holds true if one of your family members fails to buckle up and gets into an accident; as the driver of the vehicle, you could potentially be liable for any damages they incur.
What is the Bottom Line on Contributory Negligence and Not Wearing a Seatbelt?
The bottom line is that although contributory negligence may not always be applied to cases wherein you are not wearing a seatbelt, it is still important that you wear one.
At the end of the day, it’s up to you whether or not you choose to wear a seatbelt. If safety isn’t enough motivation for you, just remember that your failure to do so could lead to really costly consequences down the road.
