What Happens If You Aren’t Wearing a Seat Belt in a Colorado Car Accident?
Seat belts are one of the most effective safety features in modern vehicles. In fact, the National Highway Traffic Safety Administration estimates that wearing a seat belt can reduce the risk of serious injury or death by up to 65%.
In our recent article on seat belt safety in Colorado, we discussed how buckling up significantly improves survival rates in car crashes. But what happens if someone involved in an accident wasn’t wearing a seat belt? Can it affect an injury claim?
The answer depends on several factors, including how the crash occurred and how the injuries happened.
Colorado’s Seat Belt Laws
Colorado law requires drivers and front-seat passengers to wear seat belts. Children must also be secured in appropriate car seats or booster seats based on their age and size.
Although the law requires seat belt use, not wearing one does not automatically make someone responsible for a crash. Liability for a collision is still based on who caused the accident, such as a distracted driver, someone who ran a red light, or a driver who was speeding or impaired.
However, seat belt use can sometimes become part of the discussion when injuries are evaluated.
How Seat Belt Use Can Affect Injury Claims
Insurance companies may argue that injuries were made worse because someone was not wearing a seat belt. This argument is sometimes referred to as the “seat belt defense.”
For example, an insurance company might claim that certain injuries could have been prevented or reduced if the person had been properly restrained.
That does not mean someone loses the right to pursue compensation after an accident. Each case must be evaluated based on the facts of the crash, the injuries involved, and how those injuries occurred.
In many situations, the primary cause of the accident, such as negligent driving, remains the most important factor in determining liability.
Why Wearing a Seat Belt Still Matters
Even though legal questions may arise after a crash, the safety benefits of seat belts are clear.
According to the Colorado Department of Transportation, 88% of Coloradans now buckle up, the highest rate recorded in the past decade. Despite that progress, hundreds of serious injuries and fatalities still occur each year when occupants are not properly restrained.
Seat belts help keep occupants securely positioned in a crash, preventing them from being thrown against the vehicle interior or ejected from the vehicle entirely.
As we discussed in our article about seat belt safety in Colorado, safety officials estimate that dozens of lives could be saved each year if everyone consistently buckled up.
After a Car Accident in Colorado
Car accidents can raise many questions, especially when injuries are involved. Determining what happened, who may be responsible, and how injuries occurred often requires a careful review of the crash.
Even if someone was not wearing a seat belt at the time of an accident, they may still have legal options depending on the circumstances of the crash.
Speak With a Personal Injury Attorney
If you or a loved one has been injured in a car accident, understanding your rights can help you make informed decisions about what to do next.
The team at LS Injury Law works with individuals throughout Colorado who have been injured in a car accidents and other incidents involving negligence. An experienced attorney can review the details of a crash and help determine the best path forward. If you are unable to make it into our office due to your injuries, we can even travel to your home or meet you at the hospital. Contact us as soon as you can, we can review you case and explore your options so you can take the next steps in getting better.
Sources:
National Highway Traffic Safety Administration (NHTSA) – Seat Belt Safety
Colorado Department of Transportation (CDOT) – Seat Belt Safety Overview