Can I still get compensation if I wasn't wearing a seatbelt during the accident?

Asked in New York, NY on March 10, 2025 Last answered on February 6, 2026

I was in a car accident and sustained injuries. However, I wasn't wearing a seatbelt at the time. Will this affect my ability to get compensation?

2 answers

Jordan Merson
Answered by:

Jordan Merson

New York, NY
Merson Law, PLLC 212-603-9100
Answer

It depends on the law where you are, but usually it reduces the amount of compensation, and is not a complete bar, though it can be depending on the state.  It is sometimes known as the doctrine of avoidable consequences and if your injuries are solely due to the fact that you were not wearing your seatbelt, it may be tougher for you to recover.  However this is usually not the case.  This is a fact specific inquiry best reviewed in detail by a lawyer.  Most experienced personal injury lawyers offer free consultations and will review your case without charging you any money unless a lawsuit is filed and you recover money, which is known as a contingency fee.

March 10, 2025
Max Silverberg
Answered by:

Max Silverberg

Bronx, NY
Sonin & Genis Attorneys at Law, LLC 929-998-5724
Answer

Yes. Not wearing a seatbelt does not automatically bar you from recovering compensation after an accident. While a defendant may argue that the failure to wear a seatbelt contributed to the severity of certain injuries, it does not make you responsible for causing the accident itself.

In many cases, this issue goes only to damages, not liability. A defendant may attempt to raise a seatbelt defense as an affirmative defense and argue that some portion of the injuries could have been reduced had a seatbelt been worn. That argument must be proven and is only one factor in a much broader, fact-specific analysis.

An experienced personal-injury attorney can investigate how the accident occurred, evaluate medical causation, and challenge any attempt to unfairly shift blame. Even where seatbelt use is disputed, injured individuals are often still entitled to meaningful compensation.

February 6, 2026

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