Question: You’ve been Injured in an Accident and weren’t wearing a seat belt – Can you still claim?
Answer: Yes!
The Law:
The Road Vehicles (Construction and use) Regulations called for seatbelts in vehicles registered from 1965. Compulsory seat belt wearing in cars and vans has been mandatory since 1983 in front seats and in rear seats since 1989 for children and 1991 for adults. It has also been compulsory to wear them, where fitted, in larger goods vehicles since 1993.
Who takes Responsibility and Who must wear a Seatbelt?
The Road Traffic Act 1988 states the following:
Person: |
Front seat: |
Rear seat: |
Who is responsible? |
Driver |
Seat belt MUST be worn if fitted |
|
Driver |
Child under 3 years of age |
Correct child restraint MUST be used |
Correct child restraint MUST be used. If one is not available in a taxi, may travel unrestrained. |
Driver |
Child from 3rd birthday up to 1.35 metres in height (or 12th birthday, whichever they reach first) |
Correct child restraint MUST be used |
Correct child restraint MUST be used where seat belts fitted. MUST use adult belt if correct child restraint is not available in a licensed taxi or private hire vehicle, or for reasons of unexpected necessity over a short distance, or if two occupied restraints prevent fitment of a third. |
Driver |
Child over 1.35 metres (approx 4ft 5ins) in height or 12 or 13 years |
Adult seat belt MUST be worn if available |
Adult seat belt MUST be worn if available |
Driver |
Adult passengers aged 14 and over |
Seat belt MUST be worn if available |
Seat belt MUST be worn if available |
Passenger |
Will the Court find me partly to blame for my injuries if I wasn’t wearing a seatbelt ?
Possibly. The concept in legal terms is called “contributory negligence.” The principle behind this concept is that whilst the defendant driver may accept that they were mainly at fault for your accident, they may well argue you should accept some of the blame for failing to take care for your own safety by failing to wear a seatbelt.
How may my Compensation be reduced ?
We rely on an old case called Froom v Butcher where the Judge decided that in a case where no seat belt was worn, the reduction in compensation for “contributory negligence” should be 25% if the injuries would have been prevented altogether and 15% if they would have been a “good deal less severe.” To decide whether your injuries would have been less severe, we invite the independent medical expert to comment.
Conclusion:
Clunk Click Every Trip!
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