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.