What If I Was Not Wearing My Seat Belt?
Many people injured by the negligence of someone else in a Boston auto accident were not wearing their seat belt. These innocent victims of personal injury oftentimes worry they will be found at-fault, or partially at-fault, for not wearing their seat belt. Massachusetts law requires, with limited exceptions, all motorists to wear a seat belt. However, Massachusetts law is well settled that failure to wear a seat belt is not evidence of negligence.
This is because the failure to wear a seat belt had no role in causing the accident. In legal terms, the absence of a seat belt was not the proximate cause of the accident. That is because even if the injured party was wearing a seat belt, that would have done nothing to prevent the crash.
However, sometimes insurance companies and defense lawyers at trial try to argue that the failure to wear a seat belt caused greater injury than would have been suffered had a seat belt been worn. In that case as judge may allow evidence of non use of a seat belt for this limited purpose.
Obviously we encourage all motorists to use their seat belts at all times. However, for those not wearing one and who were injured in a crash, evidence of non-use can not be used to show negligence.
Contact our Boston car accident lawyers today if you need help an auto accident claim in Massachusetts.