The Importance of Using Seat Belts: Can It Impact Your Pennsylvania Accident Claim?

You were on your way to work, to run an errand, or to pick up your child – and then the crash happened. Your airbag went off, your heart was pounding, and you suddenly realized that you weren’t wearing your seat belt. Whether you skipped it because it was a short drive, never wore your seat belt, or simply forgot, it’s normal to feel anxious at this stage. You may wonder if your seat belt usage will affect your ability to access insurance coverage or if the other driver will use it against you.

This is where it’s helpful to have a strong car accident lawyer advocating for you. At KBG Injury Law, we know how confusing it can be trying to seek compensation after a car accident – and we’re here to fight for you. Call us today to schedule a consultation.

Why seat belts still matter in every crash

Seat belts are still one of the cheapest and easiest ways to protect yourself in a car accident. The NHTSA maintains that seat belts are the most effective protection against reckless, aggressive, or distracted drivers. By their calculations, seat belts saved nearly 15,000 lives in 2017. Seat belt usage remains consistently high across the U.S., coming in at about 91% in 2024.

While this doesn’t affect your current legal claim, it’s important to remember that your safety matters and that the best way to protect yourself is literally at your shoulder the moment you get in the car.

Still, if you weren’t wearing a seat belt at the time of a crash, that doesn’t mean you lose your rights. A quick look at Pennsylvania law can clarify this.

Pennsylvania seat belt laws: What drivers should know

Pennsylvania law requires that all drivers and front-seat passengers wear seat belts. The law is even stricter for minors. Pennsylvania treats certain seat belt violations involving minors as a primary offense, meaning police can stop a vehicle solely for those violations. Adult seat belt violations, in contrast, are secondary offenses.

So, does wearing a seat belt affect your accident claim? Under state law, a violation of the seat belt law (or not wearing a seat belt) is inadmissible in civil cases. Because evidence of seat belt non-use is inadmissible, juries cannot consider it in a civil case.

For example, if another driver causes a collision, their attorney cannot argue in court that your injuries are your own fault simply because you didn’t wear a seat belt. The seat belt defense is a common tactic used by insurance companies’ attorneys in states that allow it, but fortunately, Pennsylvania does not.

This means that you shouldn’t be discouraged from filing a personal injury claim just because you weren’t wearing a seat belt when you crashed. Unfortunately, many victims don’t know this, so they never even consider taking action against the at-fault driver.

How not wearing a seat belt could affect your injury claim

So, if your failure to use a seat belt can’t be considered in court, why do insurance companies still bring it up? They do it because they can. A lot of victims don’t know state law, and they may well believe that the “seat belt defense” is a legal defense. By bringing up seat belt usage in negotiations, insurance adjusters know they have a good chance of getting a victim to back down and either drop their case entirely or accept a lowball settlement.

This is why it’s so important to have an experienced car accident attorney. They know that state law prevents your seat belt usage from being used against you in court. Therefore, they can push back if the insurance company tries to make it a relevant point in negotiations. If another driver was speeding, texting, impaired, or just reckless when they hit you, they need to be held accountable – you don’t deserve to be left without options just because you didn’t have a seat belt on.

Exceptions and insurance complications

While not wearing a seat belt typically doesn’t affect car accident claims in Pennsylvania, there are exceptions. If you were involved in an accident in another state, you’ll need to check that state’s laws to see if the seat belt defense is valid. There are nearby states that allow use of the seat belt defense, and if your accident occurred in one of them, you’ll want to be proactive about your legal case.

If you were working or driving a company vehicle at the time of a crash, that may further complicate your case. Company policies and business insurance policies often have stringent requirements for drivers. Violating employer safety rules may affect workplace discipline, but Pennsylvania workers’ compensation is no-fault, so seat belt non-use does not typically bar WC benefits.

After a car accident, talking to an attorney should be one of your top priorities. You could be entitled to compensation, regardless of your seat belt use. By talking to an attorney before you talk to the other party’s insurance provider, you can protect your legal rights.

KBG Injury Law is here to help

Pennsylvania law prevents your seat belt non-use from being used against you at trial in a civil personal injury case. Get the legal support you need as you seek compensation. Call KBG Injury Law or contact us online to get started.