Seat Belt Injury Claim: Compensation For Seatbelt Injuries In Car / Vehicle Accidents
In this article – we set out how to claim from a driver-at-fault for the most common types of seat belt injury you may experience in a motor vehicle accident coupled with how your compensation may be reduced if you fail to wear a seatbelt (with notable exceptions).
You will discover how to calculate your likely compensation payout and when you can claim compensation from a car manufacturer should your seatbelt have a defect resulting in your injury.
- Seat Belt Injury Claim: Compensation For Seatbelt Injuries In Car / Vehicle Accidents
- What is a seat belt injury claim?
What is a seat belt injury claim?
Seat belt injuries are typically caused by the restraining effect of your seatbelt during a road accident collision.
Should these injuries be as a result of driver error, either from another vehicle driver or from the driver of the car you are a passenger in, you will likely be able to claim compensation. Alternatively, there may be a defect with your seatbelt that has caused your injury – in which instance there could be a seat belt injury claim against the manufacturer.
Your seat belt injury claim will consist of compensate for your personal injuries plus additional compensation for financial loss and expense.
Seat Belt Injuries Are one Part Of A Larger Claim
Motor vehicle accidents will generally cause you to suffer a number of different injuries – not just from the seatbelt itself.
Whatsoever injuries you experience in the same accident event – you should generally make one claim against the driver-at-fault.
This will not only include compensation for all your injuries, but also your vehicle damage plus financial loss and expense.
The types of seat belt injury caused in road accidents
The types of seat belt injury you might suffer in a road traffic accident, include:
Chest Injuries (bruising, burns, cracked ribs, sternum fracture, collapsed lungs)
Your seat belt typically braces across your chest. Therefore, the restraining force comes into play across this body part and can lead to injury.
Typical car accidents can lead to seatbelt burns, chest bruising and cracked / fractured / broken ribs.
Whereas – high speed collisions or those involving large vehicles, such as buses and trucks, might cause more significant injuries, For example – you might experience a fractured sternum or a collapsed lung.
Whiplash (neck and shoulder injury)
Perhaps the best known seat belt injury from being involved in a car accident is whiplash. Whiplash is a condition caused from the force of your head being thrown forwards and backwards (or from side to side) whilst your upper body is restrained by a seatbelt.
Symptoms of a whiplash injury are caused by damage to your muscles, nerves, ligaments.
Examples of symptoms can include:
- Neck pain and stiffness.
- Shoulder pain.
- Headaches.
- Paresthesia – tingling / pins and needles in your fingertips and hands.
Fractured Spinal Vertebrae
You may suffer more severe injury than whiplash to your spine. This might include fractured vertebrae in your cervical spine or neck.
Go To Hospital To Have Yourself Properly Checked
You may not realise the extent of your spinal injury. Many times severe spinal injuries may be perceived as whiplash. If your collision was high speed, involved a large vehicle or was a side on collision then we recommend you go to hospital not your GP. The hospital can x-ray and scan you to check for more serious injury and so prevent further damage occurring.
How much compensation can you recover for a seat belt injury in a RTA?
In the UK – the amount of compensation you can recover for your seat belt injury or any other injury caused in a road traffic accident depends upon the severity of your injury and the part of the body which you have injured.
Your solicitor will instruct an independent medical expert, such an orthopaedic surgeon (sternum fractures and spinal injury) to produce a medico-legal report to set out the injuries you suffered coupled with an opinion as to how long your future symptoms are likely to last.
Based upon this report your lawyer can assess the amount of compensation you can claim for your injury.
Can your injury compensation be reduced if you are not wearing a seat belt?
Yes – your compensation can and most likely will be reduced.
If a road accident was caused by the negligence or fault of another driver you will be entitled to claim compensation for all the injuries you suffer.
However, it is the safety law in the UK that all car drivers and passengers both in the front and the back of a vehicle must wear a seatbelt to minimize injury in the event of an accident. It is recognized that injuries in a RTA are far worse if a seatbelt is not worn.
If you are involved in a road accident whilst not wearing a seatbelt you are still entitled to claim compensation, but the amount of compensation you can claim will be reduced by a percentage – typically 25%.
This reduction is due to a UK legal principle known as contributory negligence.
In other words – you did not cause your accident, but you contributed to worsening your own injuries by failing to look after your own safety as set out in the Highways Code and other road traffic laws.
What if the law does not require you to wear a seatbelt?
You may not be required to wear a seat belt by law. In such instances, your compensation will generally not be reduced for contributory negligence. See the government guidance as to when this is not necessary.
Examples include:
- You have a medical exemption. Remember to keep the certificate with you at all times when you are in a vehicle.
- You are a licensed taxi driver carrying passengers, or you are waiting at a taxi rank
- You are reversing your vehicle or supervising a learner driver who is reversing.
- You are driving a goods vehicle on deliveries (travelling under 50 miles an hour).
- You are in a vehicle being used as part of the emergency services (police, fire, ambulance).
What happens if your seat belt has a defect?
It is relatively rare that seatbelts in a car will fail – perhaps more common are child seats failing.
Seatbelt malfunction in a road accident caused by other vehicles
Generally speaking – if your car accident seat belt injury was caused by another driver or road user, it is best to claim your compensation from that driver.
Should there be a suggestion that your injuries were contributed to by a seat belt failure – it would be possible that the driver-at-fault could include the car manufacturer as a third party.
In other words – part of the claim or liability will attach to the manufacturer if proven.
This however is quite unlikely to happen. In our experience – the motor insurer will generally pay up for all the injuries experienced.
Accidents with no other vehicles involved
You may suffer injury simply by the failure of your seatbelt, such as when your car skids on ice and collides with a stationary object.
There is however a possibility of making a claim for your injuries on the condition that you can prove they could have been avoided if your seatbelt functioned correctly.
You might have a claim against the manufacturer of the car for a defective product under the area of law known as product liability.
However – these types of claim are difficult to prove. Your solicitor would have to show that the seatbelt was defective. Therefore, an engineer’s report would most likely be essential.
Passengers Can Usually Claim Compensation
Imagine in the earlier scenario – you are a passenger in a car that skids on ice. As the driver of the vehicle you are travelling in will generally be considered at fault – your primary claim will be against that driver (and in turn the motor insurer). Remember – such claim would be irrespective of a seatbelt defect.
SUMMARY Of Seat Belt Injury Claims
In summary – we have set out:
- The most common types of seat belt injury you might experience.
- When you can claim from a negligent driver for your seatbelt injuries..
- The implications on your compensation payout of failing to wear a seatbelt.
- Claiming from a manufacturer when your injuries are caused by a defective seatbelt.
FREE Legal Help
Why not use our free telephone / online legal help and assistance.
You can ask our solicitors a question and have your seat belt injury claim assessed.
