Many people assume that not wearing a seatbelt automatically forfeits their right to seek compensation after a crash. However, that is simply not true. Indiana law requires seatbelt use, but skipping it does not mean you are liable for the accident. If another driver rear-ended you, they remain responsible for your collision. As a result, you can still pursue a settlement. To understand why, it helps to first look at how Indiana assigns fault.
How Indiana’s fault rules work
Indiana follows a modified comparative fault rule. Under this rule, you can recover damages as long as your share of fault does not exceed 51%.
A seatbelt does not cause crashes. However, the defense may argue that not wearing one contributed to the severity of your injuries. Therefore, that argument can affect your compensation, but it does not eliminate your right to file a claim. With that framework in mind, you need to understand how your seatbelt use may factor into your specific case.
What not wearing a seatbelt means for you
In the past, Indiana courts rarely factored seatbelt use into personal injury cases. But recently, that has changed. If you are over 15 years old, the defense can now introduce your lack of a seatbelt as a relevant consideration. They may contend that while they caused the accident, not buckling up worsened your injuries. This makes your case more complex. However, it does not prevent you from seeking a settlement from the at-fault driver. In fact, you may still be eligible to recover a range of damages.
Four damages you can still recover
Even though you were not wearing your seatbelt in an Indiana crash, you may still recover damages across several areas. Here is what that can include:
- Medical expenses: You can seek reimbursement for hospital admission, surgeries and physical therapy related to your injuries.
- Lost wages: If your injuries prevented you from working, you may recover the income you lost during your recovery.
- Pain and suffering: You can pursue compensation for the physical pain and emotional distress the accident caused you.
- Property damage: You can seek costs to repair or replace your damaged vehicle.
These damages can accumulate significantly and every dollar matters during your recovery. This is why gaining a clear understanding of what you qualify for is the first step toward protecting your financial future.
Know your options after a collision
Not wearing a seatbelt adds complexity to your case, but it does not make recovery impossible. Fortunately, Indiana’s fault rules still provide you with a viable path forward. The most important thing you can do right now is take stock of your rights and gain a full understanding of what your circumstances allow. The sooner you gain that clarity, the better positioned you are to make informed decisions about your next steps.