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Contributory Negligence – The Importance of Wearing a Seat Belt

Wearing a seat belt is important for all sorts of reasons – the most important being that it minimises the harm to both you and others in a vehicle if the worst happened and you were involved in a road traffic accident. By not wearing a seat belt, you are also falling foul of the law – and as a consequence you could be pulled over by the Police and suffer serious consequences.

In consideration of the above, it is rare that we have clients here at The Injury Lawyers who were not wearing a seat belt when they were involved in a road traffic accident. However, in saying this, there is always a small minority of people which may continue to flout the law and neglect to belt up.

The consequences of not wearing a seat belt can go further then what is discussed above. If you were not wearing a seat belt whilst in a vehicle involved in a road traffic accident, and you are making a personal injury claim as a result, whatever compensation you are entitled to may be reduced by up to 25% – for large compensation payouts this can add up to a lot of money lost.  The reason for this reduction is a term known in the legal world as contributory negligence – i.e. by not wearing your seatbelt, you may have increased the severity of your own injuries.

The laws regarding the use of seat belts are fairly straight forward for individuals over the age of 14: you are required to wear a seatbelt whilst travelling in a car by law (this is with some exceptions). The law for children, however, can be a little more complex, as, depending on the age and height of the child, they must either wear a child restraint or an adult seat belt.

After a road traffic accident has taken place, you may not have your wits about you enough to remember to action any of the following advice which can strengthen a personal injury claim. This includes reporting the accident to the Police, and checking for witnesses at the scene, and exchanging details if you can. It is also advisable to seek medical assistance for your injuries and to seek advice from a specialist personal injury lawyer as soon as possible.

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