Can You Bring a Lawsuit if You are in a Car Accident While not Wearing a Seatbelt?

Actor David Arquette, star of the movie “Scream” and estranged husband of actress Courtney Cox, suffered injuries recently in a head-on car collision in West Hollywood. The car in front of his stopped short and he quickly swerved his Cadillac into oncoming traffic, in an attempt to avoid a rear-end collision.  He frankly admitted after the accident that he was not wearing his seat belt and that he wished he had been.  He cautioned all drivers to wear seat belts.  An ambulance transported him from the accident scene to the hospital.  Luckily for Mr. Arquette, his injuries were not life threatening.

It is the law in Pennsylvania to buckle up

Section 4581 of the Pennsylvania Vehicle Code requires all front seat drivers and passengers to wear seat belts.

These seat belt laws do not preclude you from getting compensation for personal injuries sustained in a car accident that occurs when you were not wearing yours.

Your injuries may have resulted because you did not wear the seat belt or they may be more serious than they otherwise would have been.  Drivers or passengers not wearing seat belts risk ejection from the vehicle.  Potential injuries can include the following:

• Fractures
• Broken bones
• Bulging, protruding or herniated discs
• Head, neck or back injuries
• Orthopedic injuries
• Brain injuries
• Paralysis or spinal cord injuries
• Death

Unlike other states, Pennsylvania law does not allow a jury to learn that you were not wearing your seat belt.  Nor can the insurance company use this against you when ascertaining damages during settlement negotiations or trial.

Of course, all occupants of a vehicle should wear their seat belts while driving.  Motor vehicle accidents are the leading cause of death and injury to children in the United States.  In Pennsylvania, approximately 7,000 children under age five are involved in crashes each year.  A driver or passenger who is not wearing a seat belt can die instantly when the vehicle speed is as slow as twelve miles per hour.

The driver of the vehicle is responsible for making sure that children use legally appropriate restraints for their age.

Serious injuries require serious and experienced attorneys with an excellent reputation for handling these cases.   Philadelphia car accident attorneys have been representing victims of accidents since 1978.   They litigate complex issues and know how to navigate their way around insurance companies and adversaries.  They use every available resource in the preparation of your case.