SEATBELTS AND PERSONAL INJURY CLAIMS
Accident lawyer, John Hasson outlines the law governing the use of seatbelts in injury compensation claims
We are all aware that it is compulsory to wear seatbelts when travelling in a motor vehicle. In fact it is a criminal offence not to wear a seatbelt. However failure to wear your seatbelt can have far wider consequences if you are injured in a road accident.
Most motorists and their passengers are aware that if they do not wear a seatbelt and are involved in an accident, it is likely that the injuries they suffer will be more severe as a result. This is a point which insurers have raised with the Court in the past. Judges have agreed that a reduction in the level of compensation should be made to take into account the fact that they were not wearing a seatbelt. In such cases the Court has generally made a reduction of up to 25% to the level of personal injury compensation to take this factor into account. This is known as contributory negligence on the part of the Claimant.
The level of contributory negligence was first established in the case of Froom v Butcher 1976 and has remained largely the same since.
The following general principles serve as a useful guideline:
- A reduction of 25% to the level of personal injury compensation if wearing a seatbelt would have avoided the injury completely;
- A reduction of 15% to the level of personal injury compensation if wearing a seatbelt would have significantly reduced the nature and extent of the injury;
- No reduction in the level of personal injury damages if wearing a seatbelt would not have made any difference to the injuries sustained by the Claimant in all of the circumstances.
Personal injury solicitors often see Defendants raise this as an issue in order to reduce the level of compensation payable to Claimants. Unfortunately there is often very little contemporaneous evidence to support whether or not the Claimant was wearing a seatbelt at the time. Reports completed by ambulance crews or police accident reports often contain questions relating to whether or not the injured parties were wearing seatbelts. Unfortunately these are often not completed at the time of the accident or cannot be completed because the injured party is no longer in the vehicle by the time that the emergency services attend.
It is often left to the medical experts to try and assess whether or not the Claimant would have sustained injury had they been wearing a seatbelt and if so, would that injury have been as severe. It is only when these questions are answered that the issue of contributory negligence can be resolved.
Slee Blackwell Solicitors have a dedicated personal injury team who can advise you on any issues concerning personal injury claims including allegations of failure to wear a seatbelt and contributory negligence. Should you have a query regarding these issues and need free advice please contact John at john.hasson@sleeblackwell.co.uk
Call us now on 0808 139 1590
Or email us at lee.dawkins@sleeblackwell.co.uk
