How Do Seatbelt Issues Affect Your Car Accident Claim

Illinois injury lawyerIf you are involved in a car accident that was caused by someone else’s negligence, you should not be liable. You have the right to collect compensation for your property damage, medical bills, lost wages, pain and suffering, and other damages.

In the event you were not wearing your seatbelt at the time of the crash, you may be wondering whether you can still recover fair and full compensation. Let’s take a closer look at Illinois seatbelt laws and how they can affect your car accident case.

Illinois Seatbelt Laws

According to Illinois law, all drivers and passengers must wear their seatbelt while they are in a moving vehicle. Although rural mail carriers and those with certain medical conditions that are unable to wear seat belts are exempt from this law, almost everyone must adhere to it. You will be fined if you are pulled over and not wearing a restraint.

How Seatbelt Laws Affect Children

There is a separate seatbelt law in Illinois for children. It is called the Child Passenger Protection Act and states that children who are younger than eight years old must be secured in a car with a car seat or booster seat. Children ages eight to 18 must wear a properly secured seatbelt. Violation of this law is also punishable by a fine.

How Seatbelt Laws Apply to Car Accident Cases

Although seatbelts must be worn by law, seatbelt evidence cannot be used against you in a car accident case in Illinois. In some states, the victim of a car accident may sue the person who caused it but if they were not following the low and wearing a seatbelt, they may be 20 percent negligent and have any compensation they receive for damages be reduced by 20 percent. This is known as the comparative negligence law.

Illinois does not have a comparative negligence law and views seatbelts in car accident cases differently than other states. If you are hurt in a car accident that was the result of another’s negligence, your compensation for damages will not be reduced if you were not wearing a seatbelt. The negligent party is still fully liable.

Contact Our Hinsdale Car Accident Attorneys

If you are involved in a car accident and were not wearing your seatbelt, contact our DuPage County car accident lawyers. We will explain how Illinois seatbelt laws relate to your particular case and ensure your rights are protected.


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