If you’re in a car crash in Virginia, whether you wore a seatbelt might come up. While it doesn’t stop you from filing a claim, it could change how much money you receive. Knowing how Virginia handles seatbelt use in accident cases can help you understand what to expect and how to respond if the issue is raised.
Seatbelt use and Virginia law
Virginia law requires drivers and front-seat passengers to wear seatbelts. However, back-seat passengers over 18 aren’t legally required to wear one. Even though seatbelt use is the law, not wearing one doesn’t automatically make you at fault in a crash. Virginia law actually prevents seatbelt non-use from being used as evidence to show fault or reduce compensation. This rule helps protect your ability to recover damages, even if you weren’t buckled up at the time of the accident.
Can seatbelt use still impact your case?
Even though seatbelt use can’t legally reduce your damages, some insurance companies might try to bring it up during negotiations. They might suggest your injuries could have been less severe if you’d worn a seatbelt. It’s important to know that courts in Virginia generally won’t allow this argument to affect your compensation. However, being prepared to counter these arguments can help you keep the focus on who caused the accident and not on what you were wearing.
Understanding contributory negligence
Virginia follows a strict contributory negligence rule. If you’re found even one percent responsible for the crash, you can’t recover damages. But seatbelt use doesn’t count toward that. So, not buckling up won’t stop your claim unless something else proves you were partly at fault. That means your focus should remain on showing that the other driver was entirely at fault for the incident.
If you weren’t wearing a seatbelt during the crash, it shouldn’t change your right to pursue compensation. Virginia law protects you from having that used against you in court. Still, wearing a seatbelt is one of the best ways to reduce injury and protect yourself. It also removes any potential distractions during settlement talks or court proceedings.
