Would I be able to file an injury claim if I didn’t wear a seatbelt?

The safest method to protect oneself from injuries in a crash is to buckle up in a car, according to scientific research. Seat belt use is thus mandated in Fort Wayne for both drivers and passengers. The law also demands that smaller children travel in car seats. According to federal statistics, since seat belt use has become required, the rate has increased to around 90% nationally, and countless lives have been saved.

Even so, some motorists and passengers who are not belted in suffer life-threatening injuries in auto accidents. You might wonder what impact not using a seat belt will have on your injury claim if you need to make one.

The refusal to wear a seat belt is particularly prohibited by law from being used as evidence in civil actions like personal injury lawsuits. You should contact a qualified auto accident lawyer as soon as possible if an insurance company informs you that it is decreasing or dismissing your claim for an automobile accident because you were not using a seat belt. To learn more, click here!

The following people are exempt from the seat belt law: 

  • If a doctor certifies that a driver or passenger cannot use a safety belt due to physical or medical conditions
  • treating sick or injured people in an emergency vehicle with medical or rescue personnel
  • buses for daycare, schools, or churches
  • Taxis are the only taxis used in public transportation.
  • occupants of moving cars in parades
  • US mail delivery services
  • A traveller who cannot use a seat belt because other passengers are using them all
  • someone operating or riding in a car that was not designed with safety belts.

Understanding Indiana Seat Belt Laws

Any person riding in a car in Indiana who is 16 years of age or older are required to be securely restrained in a seat belt. Whether they are situated in the front or back of the vehicle, drivers and all passengers are subject to the law. Additionally, it is applicable whether you are riding in a pickup truck or a regular passenger car.

 

The seat belt law in Indiana has “primary” enforcement. In other words, if a police officer has cause to believe that you are not wearing a seatbelt as required by law, the officer may pull you over. You may receive a Class D infraction ticket if it is determined that you broke the law.

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