If I wasn’t wearing a seatbelt, can I still make a claim MD,VA or DC?

Safety first! That’s what they always say, especially when it comes to driving. But sometimes, life happens. Maybe you were just going around the block, or perhaps the seatbelt jammed, and you thought, “It’s just this once.” Now, you’re dealing with the aftermath of an accident and wondering if not wearing a seatbelt will jeopardize your claim. Let’s break it down.


Why Seatbelts Are So Emphasized

Driving in Maryland, DC, or Virginia, you’ve no doubt noticed the emphasis on seatbelt safety. And for good reason. Seatbelts are designed to protect you, keeping you secure in your seat and minimizing injury during a collision. In some states, if you’re not wearing a seatbelt during an accident, it can be used against you in a claim. This is called the “seatbelt defense.” Essentially, the other party can argue that your injuries would have been less severe had you been wearing a seatbelt. However, the applicability of this defense varies from state to state.


Seatbelt Laws in Maryland, DC, and Virginia

  1. Maryland: The law is clear, everyone in the vehicle, whether in the front or back seat, must wear a seatbelt. This emphasis on safety is a testament to the importance the state places on reducing the severity of injuries in the event of a crash. If you weren’t wearing a seatbelt during the accident in Maryland, it could be a point of contention in your claim. The defense may argue that your injuries might have been less severe or even prevented if you had been buckled up. However, this doesn’t mean you’re ineligible to file a claim. While the compensation might be adjusted considering the seatbelt factor, the primary focus will still be on establishing who was at fault for the accident.
  2. Washington, DC: Much like its neighboring state of Maryland, Washington, DC mandates that all occupants of a vehicle, regardless of their seating position, must wear a seatbelt. The district recognizes the undeniable safety benefits of seatbelt usage. Should you be involved in an accident in DC without wearing a seatbelt, the implications for your claim can be multifaceted. While each case is undoubtedly unique, not wearing a seatbelt might be seen as a form of negligence on your part. However, it’s essential to note that this does not automatically disqualify you from pursuing a claim or receiving compensation, especially if another party was predominantly at fault.
  3. Virginia: The seatbelt usage is slightly different. The law specifically requires all occupants seated in the front of the vehicle to wear a seatbelt. The emphasis here is clearly on the increased risk front-seat passengers and drivers face in collisions. In the event of an accident in Virginia where you weren’t wearing a seatbelt as a front-seat occupant, it could be highlighted during the claims process. The defense might argue that some of your injuries were a direct result of non-compliance with the state’s seatbelt law. However, as with the other regions, this won’t necessarily nullify your claim. The overarching factor remains determining who was responsible for the accident.


How It Impacts Your Claim

Not wearing a seatbelt can complicate things, but it doesn’t automatically negate your claim. The key factor remains: Who was at fault for the accident? If another party was responsible for the collision, you have a right to seek compensation, even if you weren’t buckled up. However, your compensation might be adjusted based on contributory negligence or comparative fault rules, depending on the jurisdiction.


Protecting Your Rights After An Accident

It’s essential to work with a legal team familiar with the nuances of personal injury law in Maryland, DC, and Virginia. At Johnnie Bond Law, we understand the intricacies of these regulations and how they intersect with real-life situations like yours. Remember, while seatbelts are crucial for safety, not wearing one doesn’t automatically prevent you from seeking justice and compensation after an accident.


Talk to Us, We’re Here to Help

At the end of the day, accidents are stressful. But, understanding your rights and having a knowledgeable team by your side can make the process smoother. Whether you were wearing a seatbelt or not, we, at Johnnie Bond Law, are here to help. If you’ve been injured due to someone else’s negligence, you deserve representation that understands and fights for you. Call (202) 683-6803 or contact us online to schedule a free consultation.