Seatbelt laws can significantly influence the outcome of a personal injury claim following a car accident. If you weren’t wearing a seatbelt at the time of the crash, it may affect the amount of compensation you’re eligible to receive. Understanding the legal implications of seatbelt use can help you better prepare for the claims process.
State laws and your legal responsibility
In North Dakota, state law mandates that all front-seat occupants and child passengers wear seatbelts. Violating this requirement doesn’t eliminate your right to seek compensation, but it can impact the final settlement amount. Courts may determine that your failure to wear a seatbelt contributed to the severity of your injuries, which can lead to a reduced award.
Comparative fault and how it works
North Dakota follows a modified comparative fault rule. This system reduces your compensation by the percentage of fault assigned to you. If you’re found to be 20% at fault because you weren’t wearing a seatbelt, your damages will be reduced by 20%. If your share of fault exceeds 50%, you may be barred from recovering any compensation.
Proving seatbelt use or non-use
Following an accident, insurers and legal professionals investigate whether seatbelts were used. Police reports, witness accounts, and medical documentation all serve as potential evidence. The presence or absence of seatbelt use can become a central issue in the case, and establishing clear proof often strengthens your position.
Consistently wearing a seatbelt not only enhances your physical safety but also supports a stronger injury claim. Adhering to seatbelt laws helps minimize arguments that you contributed to your own injuries. If you weren’t wearing one, you can still file a claim, though the defense may use your noncompliance to reduce your compensation.