Wearing your seatbelt is the law in Illinois. And it could save your life. The National Highway Travel Safety Administration reports that seatbelts saved approximately 14,955 lives in 2017.
Not wearing a seatbelt puts you at high risk of being ejected from the vehicle in a crash. You also could suffer a severe head injury inside the car.
However, can you file a car accident claim or personal injury lawsuit in Illinois if you weren’t wearing your seatbelt? Find out below.
If you have questions about a Chicago car accident case, please contact Shindler & Shindler today at 847-93-FIGHT (847-933-4448).
Illinois has a comparative fault standard when there is an auto accident lawsuit. This means if you were partially at fault for the accident, the settlement or verdict amount might be lower.
The law states that the percentage you get from the settlement or jury award equals your level of fault. However, if you were 51% or more responsible for the accident, you are barred from any financial recovery.
Some states allow the defendant in a car crash lawsuit to argue that the plaintiff not wearing their seatbelt led to their injuries. However, Illinois law doesn’t allow the so-called ‘seatbelt defense.’
State law says that while it’s required to wear seatbelts, violating this law cannot be used as proof of negligence.
Further, the law says that not wearing a seatbelt cannot limit your ability to be compensated by the insurance company or another driver who caused the accident.
However, there are exceptions. The most common situation is where an accident involves drivers from other states. In that case, another state’s ‘seatbelt defense’ might come into play.
Also, working with a skilled auto accident attorney is essential if you weren’t wearing your seatbelt. They can successfully defend your choice not to wear a safety belt during the accident.
So, not wearing your seatbelt in Illinois doesn’t mean you can’t recover damages in a car accident claim.
Still, not wearing a seatbelt in this state could cause you to be charged with a primary offense. This means that law enforcement may stop you if they see you are not wearing a seatbelt.
Seatbelt laws in Illinois state:
Were you in a Chicago auto accident? Do you have injuries or property damage? A personal injury attorney could help obtain compensation for your losses.
At Shindler & Shindler, our auto accident lawyers have more than 65 years of combined legal experience fighting for injury victims in Chicago and surrounding communities. Contact us now at 847-93-FIGHT (847-933-4448) for a complimentary consultation.
