Seatbelts save lives. According to the National Highway Traffic Safety Administration (NHTSA), approximately half of all people killed in car accidents in the United States were not wearing a seatbelt at the time of the collision. That is a striking figure, considering that more than 90 percent of people report that they always or almost always wear a seatbelt.
The safety data is a major reason why seatbelts are required by law in Illinois. If you do not wear a seatbelt, it not only puts you in danger, but it could also have major implications on your personal injury claim after a collision. Here, our Joliet car accident attorney provides a guide to Illinois seatbelt laws and their impact on motor vehicle crash claims.
An Overview of Illinois Seatbelt Laws
Seatbelts are regulated at the state level in the United States. Similar to most other jurisdictions, Illinois imposes a mandatory seatbelt requirement (Illinois Vehicle Code Section 12-603.1 of 625 ILCS 5). The law holds that each driver and front-seat passenger must wear a properly adjusted and fastened safety belt when the vehicle is in operation on a public roadway. The statute further extends the obligation to all passengers under the age of 18, regardless of their position in the car. In other words, everyone in the front of the vehicle needs to be buckled. Further, minors always need to be buckled at all times, even if they are in the back of the vehicle.
A violation constitutes a petty offense. Illinois authorizes a law enforcement officer to conduct a primary enforcement stop. Put another way, an officer does not need an independent traffic infraction to issue a citation. If a state or local police officer observes a driver (or any passengers) in violation of the Illinois seatbelt law, a stop can be conducted. The statutory duty is personal. Illinois law does not impose vicarious liability on a driver for an adult passenger’s failure to buckle up.
Note: In Illinois, a driver may face exposure for failing to secure a minor in compliance with the Child Passenger Protection Act. The statute requires appropriate restraint systems based on age, weight, and height. Noncompliance may result in fines and court supervision requirements.
Know the Impact On Your Claim: Comparative Negligence
Illinois applies a modified comparative fault standard to motor vehicle accident claims (735 ILCS 5/2-1116). A plaintiff may recover damages so long as his or her contributory fault does not exceed 50 percent of the proximate cause of the injury. If the trier of fact assigns more than 50 percent fault to the plaintiff, recovery is barred. If fault remains at 50 percent or less, the award is reduced in proportion to the plaintiff’s percentage of fault. Why does that matter so much in the context of the state’s seatbelt law? A person who fails to wear a seatbelt in violation of the law could be held partially at fault for his or her own injuries.
Seatbelt nonuse enters the analysis through what Illinois courts refer to as the “seatbelt defense.” Historically, Illinois barred evidence of seatbelt nonuse under a strict interpretation of the safety-belt statute. The legislature modified that approach. Under current law, a defendant may introduce competent evidence that a plaintiff failed to wear an available seatbelt and that the failure enhanced the injuries sustained. The defendant bears the burden of proof. For example, imagine that the defense proves you did not wear a seatbelt. They may be able to show that you are partially at fault for your own injuries and, as a consequence, they may be able to reduce your compensation.
Note: The defense does not operate as negligence per se for causing the collision. It operates as a mitigation-of-damages theory. The defendant must present expert biomechanical or medical testimony establishing that proper seatbelt use would have reduced or prevented specific injuries.
Insurers Will Try to Use Lack of Seatbelt Against an Injured Victim
Injured victims need to be prepared to take on the claims process. The reality is that insurers aggressively investigate seatbelt usage in serious crash cases. Adjusters examine police crash reports, emergency medical records, and event data recorder downloads. Many modern vehicles document seatbelt engagement status at the time of impact. If the data indicates nonuse, the carrier will assert that the injured victim failed to mitigate damages.
Insurance defense counsel often retain accident reconstructionists and biomechanical engineers. These experts generate force-distribution models and occupant kinematics analyses to argue that the injured victim’s head trauma, spinal fracture, or thoracic injury would have been substantially reduced with proper restraint. They will attempt to convert that opinion into a percentage reduction in damages. The strategy aims to diminish settlement value before trial. An experienced Illinois car accident lawyer can help to protect your rights and your interests.
Michael J. Lichner is a Top Joliet Auto Accident Attorney
A serious car crash can change your life. In Illinois, you are required to wear a seatbelt. However, you can pursue financial compensation through a personal injury claim regardless of whether or not you were wearing a proper belt at the time of the collision. Still, the lack of a seatbelt could have a major impact on your case. It could result in reduced financial compensation. It is imperative that you have a top advocate on your side. Michael J. Lichner is an Illinois car accident attorney who fights tirelessly for justice for injured victims. Have questions about a seatbelt crash? Contact us at our Joliet law office for a free, no obligation initial consultation.
Call Our Joliet, IL Car Accident Attorney Today for a Free Case Review
Michael J. Lichner is a Joliet car accident lawyer who provides solutions-focused guidance and support to victims and their families. If you have any questions about the Illinois seatbelt law and its impact on claims, we can help. Contact us today for a free, no-obligation case review. With an office in Joliet, we represent car crash victims in Will County and throughout the broader region.