If you were not wearing your seatbelt and got into an accident, being concerned about how it impacts your claim is natural. With Indiana recently changing its laws on the issue, this post covers how the state views your situation.
How Indiana’s seatbelt defense law works
Historically, Indiana prohibited the admission of seatbelt non-use as evidence in personal injury litigation. Regardless of the circumstances, the law categorically barred the opposing side from raising the issue of whether you wore a seatbelt at the time of the incident.
This changed on July 1, 2024, when a new House Bill came into effect. Now, defendants can introduce evidence that you were not wearing a seatbelt at the time of the crash. The law only applies to plaintiffs who were 15 or older at the time of the accident, provided the vehicle was manufactured after September 1, 1986 and was equipped with at least one airbag.
Notably, the burden of proof in these situations remains with the defendant. To succeed on this point, they must affirmatively establish both that you failed to wear a seatbelt and that doing so would have mitigated or entirely prevented the injuries you sustained.
What this could mean for your claim value
If the defense successfully proves a seatbelt would have lessened your injuries, a jury may reduce the damages they award you. The legal term for this is “failure to mitigate damages.” It is also important to note that there is no cap on how much they can reduce.
The seatbelt defense only applies to damages, not fault. Under Indiana’s modified comparative fault system, not wearing a seatbelt will not make you responsible for the crash itself.
Steps to consider if you were not wearing a seatbelt
Seeking medical attention after the car crash is one of the most valuable things you can do. Prompt records help establish the nature of your injuries and make it harder for the defense to blame you for not wearing a seatbelt.
Gathering evidence from the scene, such as photos of the vehicles and road conditions, can also help tell the full story. Witness statements may counter arguments about seatbelt use.
It also helps to know that insurance companies may use the seatbelt defense as a negotiation tactic. Adjusters could point to your unbuckled status to justify a lower settlement offer.
