Despite numerous safety awareness campaigns, at The Injury Lawyers we have found that it is not uncommon at all for people to drive without wearing a seatbelt. This is despite the fact that not wearing a seatbelt is illegal, that should you be involved in an accident, a seatbelt could save your life. You would have thought it would definitely be worth wearing one!
It is important to know that the law states that it is the driver who is responsible for those in their vehicle wearing a seatbelt. So, if you are giving someone a lift and they are not wearing a seatbelt, you could find yourself in hot water. The law on wearing a seatbelt is relatively straightforward in respect of adults.
If you are over the age of 14 and travelling in a car or a van, you must wear a seatbelt. A child under the age of three must use an appropriate seat restraint, whilst a child up to the age of 12 or 135cm in height can also use a seat restraint, and children of 12 and 13 years must wear a seatbelt where one is available. A big exception is buses, where passengers are not required to wear seatbelts. This does not apply to coaches where seatbelts have been fitted.
In terms of making an injury claim where you have not been wearing a seatbelt, not wearing a seatbelt can affect the amount of compensation you receive. Not wearing a seatbelt is viewed as ‘contributory negligence’, meaning that you have caused your injuries to be as bad as they were by not wearing a belt, and therefore you are partly responsible for the severity of your injuries and should only be compensated for the injuries you would have suffered had you been wearing a seatbelt. In some cases this can mean that your compensation can be reduced by up to 25%.
At The Injury Lawyers we deal with road traffic accident claims on a daily basis and we are more than happy to discuss any potential claim you may have for injuries suffered from a road traffic collision. If you had not been wearing a seatbelt at a time this does not mean that you cannot make a claim for compensation; but instead that the amount of compensation you may receive may be reduced to take this into account. Our expert injury lawyers are on hand everyday on our dedicated claims line to make sure you have access to quality and free legal advice should you need it.
