What Happens If You Weren’t Wearing a Seatbelt During an Accident?

Car accidents can cause devastating injuries, and seatbelts remain one of the most effective ways to reduce the risk of serious harm. But what happens if you’re involved in a crash and weren’t wearing a seatbelt at the time? In Delaware, this issue can affect both your physical recovery and your legal rights.

Understanding the seatbelt law in Delaware and how it applies to personal injury claims is critical if you plan to pursue compensation after a crash. A knowledgeable Delaware car accident lawyer from Edelstein Martin & Nelson can help explain how these rules may impact your case.

Seatbelt Law in Delaware

Delaware law requires drivers and passengers to wear seatbelts in both the front and back seats. According to state law, law enforcement can stop a vehicle solely for a seatbelt violation, as it is a primary offense. This means that even if you weren’t doing anything else wrong while driving through busy areas like Market Street in Wilmington or along Route 1 near Rehoboth Beach, you can be ticketed if you or your passengers aren’t buckled up.

Despite this requirement, many drivers and passengers still fail to wear seatbelts. If you were injured in an accident and not wearing one, you may wonder how it affects your ability to file a no seatbelt injury claim.

The Seatbelt Defense in a Car Accident Case

Delaware recognizes what is known as the seat belt defense. This legal argument allows defendants (often insurance companies or at-fault drivers) to claim that a victim’s injuries were worse because they were not wearing a seatbelt. In practice, this means that your compensation could be reduced if the other side can show that buckling up would have lessened the severity of your injuries.

For example:

• If you suffer a broken arm in a crash on Kirkwood Highway in Newark, but the defense can demonstrate that the injury would have been minor if you had been restrained, your damages may be reduced.
• If you sustain a head injury in a collision near Dover’s Legislative Hall, the defense might argue that your injuries would have been less severe had you worn a seatbelt.

It’s important to understand that the seatbelt defense does not eliminate your right to recover damages; it may only reduce the amount you receive.

Filing a No Seatbelt Injury Claim

Even if you were unbelted, you still have the right to pursue a claim against a negligent driver. The key to building a strong case is gathering evidence and demonstrating that the accident itself, not your lack of restraint, was the primary cause of your injuries.

To strengthen your no seatbelt injury claim, you should:

• Collect medical evidence: Records from hospitals like ChristianaCare in Newark or Bayhealth in Dover can establish the severity and cause of your injuries.
• Obtain accident reports: Official police documentation helps clarify who was at fault for the collision.
• Work with experts: Accident reconstruction specialists can show how the crash caused harm regardless of seatbelt use.

Why You Still Need a Delaware Car Accident Lawyer

Insurance companies are quick to use the seatbelt defense in a car accident case to reduce payouts. Without strong representation, you may find yourself unfairly blamed for injuries that were primarily caused by another driver’s negligence. A skilled Delaware car accident lawyer can counter these arguments by presenting medical testimony, expert analysis, and evidence that your injuries would have occurred even if you had been wearing a seatbelt.

Local knowledge also matters. Crashes often happen on high-traffic routes such as I-95 through Wilmington or Coastal Highway near Bethany Beach, where speeds and conditions make serious injuries likely regardless of seatbelt use. An attorney familiar with these local roads and courts can give you an edge in pursuing fair compensation.

Speak With a Lawyer from Edelstein Martin & Nelson

Not wearing a seatbelt during a car accident can complicate your claim, but it doesn’t mean you are barred from recovering damages. Delaware law allows you to seek compensation even if the seatbelt defense is raised, though the amount may be reduced. The best way to protect your rights and maximize your recovery is to work with a knowledgeable attorney.

At Edelstein Martin & Nelson, we understand how the seat belt law in Delaware interacts with personal injury claims and how to challenge insurance company tactics. Call us today at (302) 295-5050 to speak with our proficient Delaware car accident lawyer about your no seat belt injury claim.