Will My Car Accident Settlement Decrease If I Wasn’t Wearing a Seat Belt?

At John J. Malm & Associates, we represent victims of car accidents throughout Illinois who have suffered serious injuries due to the negligence of others. One of the questions we often hear from clients is whether their compensation might be reduced because they weren’t wearing a seat belt at the time of the crash. It’s a reasonable concern, especially for someone dealing with severe injuries and mounting medical bills. In this blog, we’ll explain how seat belt usage affects personal injury claims in Illinois, how state law handles fault and compensation, and what you can do to protect your rights even if you weren’t buckled up at the time of the accident.

Seat Belt Use and Illinois Law

Illinois law requires all drivers and front-seat passengers to wear seat belts, and rear-seat passengers must also buckle up if they are under the age of 16. This rule (625 ILCS 5/12-603.1), mandates seat belt use with few exceptions, such as for vehicles not originally equipped with seat belts or for individuals with medical exemptions.

However, this same statute also contains an important protection for injury victims. Under 625 ILCS 5/12-603.1(c), the failure to wear a seat belt cannot be used as evidence of negligence. That means if you are injured in a crash, your decision not to wear a seat belt cannot be used against you to show that you were partially at fault. This protection extends both to settlement negotiations and to trial. In short, Illinois courts do not allow insurance companies or defense attorneys to reduce your compensation based solely on the fact that you weren’t wearing a seat belt at the time of the crash.

Comparative Negligence in Illinois

Illinois follows a modified comparative negligence system, which means your compensation can be reduced if you are found partially at fault for causing the accident—but only up to a point. If you are found to be more than 50% at fault, you cannot recover any damages. If your share of the blame is 50% or less, your damages will be reduced proportionally. For example, if you are awarded $100,000 but are found 20% at fault, your recovery would be reduced to $80,000.

Importantly, seat belt non-use cannot legally be factored into this comparative fault analysis. So while other actions—such as speeding, distracted driving, or failing to yield—might reduce your settlement, the absence of a seat belt cannot be used in the same way.

Will My Injuries Be Scrutinized More Closely If I Wasn’t Wearing a Seat Belt?

Although Illinois law prevents seat belt non-use from being introduced as evidence of negligence, insurance companies may still argue informally that your injuries were made worse by your failure to wear a seat belt. This tactic doesn’t assign fault for the accident but instead aims to reduce the damages owed by claiming that you failed to mitigate your own injuries.

This is a subtle legal argument. Instead of saying that you caused the accident, the defense might argue that your medical bills are higher or your injuries more severe because you didn’t buckle up. In some cases, they might bring in a medical expert or accident reconstructionist to claim that your injuries would have been less severe if you had worn a seat belt. While this doesn’t shift fault under Illinois law, it may impact how damages are calculated—especially if your case goes to trial and the jury is swayed by such arguments.

Seat Belt Statistics in Illinois and Nationwide

Let’s face it. Seat belts save lives. According to the National Highway Traffic Safety Administration (NHTSA), seat belts reduce the risk of death for front-seat occupants by 45% and the risk of moderate-to-critical injury by 50% (NHTSA). Unbelted occupants are also 30 times more likely to be ejected from a vehicle during a crash.

In Illinois, the numbers are just as striking. The Illinois Department of Transportation (IDOT) reported that in 2020, 50% of all passenger vehicle occupants killed in crashes were not wearing seat belts. Out of 652 traffic fatalities in which seat belt use was known, 327 of the victims were unbelted. Moreover, unbelted occupants accounted for a disproportionate number of severe or fatal injuries, despite overall high seat belt compliance in the state.

These statistics make it clear that wearing a seat belt significantly reduces the risk of death and serious injury. But again, even if you were unbelted, Illinois law ensures that this decision cannot be used to reduce the value of your personal injury settlement based on fault.

Real-World Impact: How Non-Use of a Seat Belt Might Affect a Case

Although Illinois law protects you from having your compensation reduced for not wearing a seat belt, the issue may still arise indirectly. For example, in a high-speed crash where you suffer serious internal injuries or spinal damage, the defense may argue that a properly fastened seat belt could have prevented or reduced the injuries. They might not be allowed to say you were at fault, but they can attempt to argue that certain injuries were not directly caused by the crash itself but rather by your own failure to take reasonable precautions.

To counter these tactics, it’s crucial to work with an experienced Illinois car accident attorney who can bring in medical and engineering experts to testify that your injuries would likely have occurred regardless of seat belt use—or that the crash was so severe that a seat belt would not have made a meaningful difference.

Can Insurance Companies Still Try to Use Seat Belt Non-Use Against Me?

Technically, no. But in practice, some insurers may still try to use seat belt non-use as leverage during pre-trial negotiations. They may claim that your injuries wouldn’t have been so severe if you had buckled up, hoping that you’ll agree to a lower settlement to avoid a fight.

The best defense is a strong legal offense. Your attorney should file a motion in limine before trial to prevent any mention of your seat belt status from being introduced into evidence. And if your case settles before trial, your lawyer should make it clear that Illinois law prohibits this line of reasoning—ensuring the insurer knows it won’t hold up in court.

How to Protect Your Rights If You Were Not Belted During a Crash

If you were not wearing a seat belt at the time of your crash, don’t assume you have no case. Illinois law protects you, and you may still be entitled to full compensation for your injuries. To protect your rights:

1. Seek medical attention immediately after the crash, even if you think your injuries are minor.
2. Document everything, including photos of the crash scene, police reports, and medical records.
3. Do not discuss seat belt use with the at-fault driver’s insurer or provide a recorded statement.
4. Hire an experienced Illinois car accident attorney who understands how to protect you from unfair seat belt defenses.
5. Push back on any attempts to reduce your damages using arguments that are not legally valid in Illinois.

“At our firm, we fight to ensure that accident victims are treated fairly under Illinois law. Just because someone wasn’t wearing a seat belt doesn’t mean they caused their injuries or deserve less compensation. The law is on your side—and so are we.”– John J. Malm, Naperville car accident attorney

Contact the Experienced Illinois Car Accident Lawyers at John J. Malm & Associates

In Illinois, the law is clear: not wearing a seat belt does not reduce your ability to recover damages in a personal injury claim. You are still entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages if someone else’s negligence caused your injuries.

However, insurance companies may still attempt to exploit seat belt non-use by arguing that it affected the severity of your injuries. Don’t fall for these tactics. With experienced legal representation, you can ensure that your rights are protected and your settlement is not unfairly reduced.

If you’ve been injured in a car accident, whether you were wearing a seat belt or not, contact John J. Malm & Associates today for a free consultation. We will evaluate your case, explain your rights, and help you recover the full compensation you deserve.