Are You Still Eligible for Compensation If You Did Not Have Your Seatbelt On During a Crash?

The aftermath of a car accident is often filled with regret. If you’d known the roads would be so bad, you would’ve called out of work instead of braving the bad roads. If you’d known someone was going to T-bone your car at an intersection, you should’ve worn your seatbelt. Hindsight is 20/20, which isn’t much help when the damage is already done. Going forward, you need to understand your options and how your claim may be affected.

Ready to take the next step in your personal injury claim? We’re here to help. Call Burge & Burge at 205-251-9000 to get started.

Contributory Negligence in Alabama

One of the main reasons accident victims worry about this particular issue is Alabama’s contributory negligence law. Most states have a comparative negligence law on the books. This allows the court to reduce a victim’s award in proportion to the amount of fault they have in the accident. Alabama is a rare exception. The contributory negligence law in Alabama means that if a victim has any fault in the accident—even 1%—the court can deny them all compensation for the accident.

This is an extremely strict legal standard, and it often leaves victims who deserve compensation without any options. In light of this, it would make sense if not wearing a seatbelt reduced the value of your claim or left you unable to recover any compensation.

The Seatbelt Defense in Alabama

Fortunately, Alabama legislators have specifically addressed the seatbelt defense. Each state handles accidents in which a victim was not wearing a seatbelt differently. For example, a victim in Wisconsin may have the value of their claim reduced by 15% if they were not wearing a seatbelt during the crash. In Alabama, not wearing a seatbelt shall “not be considered evidence of contributory negligence and shall not limit the liability of an insurer.”

What does this mean for you? It means that, even if you were not wearing your seatbelt during the crash, your failure to wear a seatbelt is not considered a form of contributory negligence. Which means that this factor alone does give insurance companies the right to skip out on paying compensation for your injuries.

How This Affects Your Claim

Just because the law prohibits insurers from using your lack of seatbelt usage against you does not mean that insurance companies won’t give it their best shot. Insurance adjusters know that the majority of accident victims are unaware of their rights after an accident, and they’ll take whatever steps they can to limit their company’s liability and boost their profit margins.

If the insurance company finds out you did not have a seatbelt on during an accident, they might point to Alabama’s contributory negligence law. This is often enough to scare victims from seeking any compensation.

They might also offer you an insultingly low settlement, claiming that you are unlikely to get any more if your case goes to court. Faced with the possibility of a drawn-out court case that still does not result in compensation, many victims give up here and accept the low settlement offer.

This does not have to be the case for you. Insurance adjusters know that many accident victims don’t want to hire an attorney and give up part of their settlement or spend extra time on their claim. But hiring an attorney is your best way of protecting yourself and getting the compensation you deserve after a crash. This is especially true if you weren’t wearing a seatbelt or there are other complications in your case.

You can expect insurance companies to latch onto these issues and use them to intimidate you throughout the claim process. Instead, work with an attorney. You don’t have to deal with the insurance company’s bullying, and you can instead focus your energies on recovering from your accident and getting back to normal.

Choose Burge & Burge for Your Personal Injury Claim

If you’ve suffered injuries because of someone else’s negligence, this is the time to defend your rights and fight for compensation. The team at Burge & Burge will be with you every step of the way. Fill out our online contact form or call us at 205-251-9000 to get started.