Not Wearing a Seatbelt? You Might Still Have a Case
One of the most common—and honest—questions we get at Stewart & Stewart is:
“Can I still get compensation if I wasn’t wearing a seatbelt?”
The short answer is yes. While wearing a seatbelt is required by law in Indiana and strongly encouraged, not wearing one does not automatically ruin your case.
Indiana Law Protects Injury Victims—Even If Unbelted
In Indiana, the rule is that you “take your victim as you find them.” That means if someone hits you—even if you weren’t wearing a seatbelt—they are still responsible for the harm they caused. It doesn’t change who was at fault for the accident.
Even if your injuries might have been less severe with a seatbelt, the person who caused the crash is still legally responsible for your injuries.
The Jury May Consider the Seatbelt—but It’s Not a Deal-Breaker
Now, the fact that you weren’t wearing a seatbelt may be considered by a jury under a concept called “mitigation of damages.” They may decide to reduce compensation slightly if they believe some of your injuries could have been avoided. But again, this doesn’t mean you can’t recover anything.
Talk to an Attorney Before Making Assumptions
Bottom line? Don’t let not wearing a seatbelt stop you from calling us. At Stewart & Stewart, we’ve helped plenty of clients in your situation—and we’ll walk you through what to expect.
Call Stewart & Stewart or visit GetStewart.com. Let’s talk about your case—for free.