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Can I still sue if I wasn’t wearing my seatbelt in an accident?

On Behalf of | Oct 24, 2024 | Personal Injury

In Idaho, seatbelt use is required by law, and not wearing one could impact your ability to recover compensation after an accident. However, under certain circumstances, you may still be eligible for damages. 

Here’s what you need to know about recovering compensation after an accident

Idaho’s comparative negligence law

Idaho follows a modified comparative negligence system. This means that if you are partially at fault for your injuries, your compensation may be reduced. However, as long as your fault does not exceed 50%, you can still recover compensation. For example, if not wearing your seatbelt contributed to your injuries, the court may assign you a percentage of fault, reducing your recovery amount by that percentage.

The seatbelt defense

Idaho allows defendants to use what is called the seatbelt defense. In personal injury cases, the other party might argue that your injuries were worse because you were not wearing a seatbelt. If the court agrees, your compensation could be reduced to reflect the extent to which the lack of a seatbelt contributed to your injuries. However, Idaho limits how much this defense can reduce your recovery — only by a maximum of 5% of the damages.

Can you still win compensation?

Yes, you can still recover compensation even if you weren’t wearing a seatbelt. As long as the other party is primarily responsible for the accident, you may receive damages, though the amount may be reduced based on your share of fault. Consulting with an attorney experienced in Idaho personal injury law can help ensure you receive fair compensation, even with the seatbelt defense at play.

Understanding Idaho’s modified comparative negligence and seatbelt defense laws is crucial for protecting your rights after an accident.