If you have been involved in a road traffic accident that was not your fault, but you were not wearing a seatbelt, can you still make a claim for compensation? Put simply, the answer is yes – you can still make a claim for compensation providing the accident was not your fault. This applies whether you were a driver or a passenger.
The likelihood is that the Defendant will argue contributory negligence applies. However contributory negligence is not a complete defence to a claim. It is a partial defence which, if found, would reduce the amount of compensation that you receive. Contributory negligence is basically the Defendant alleging that you were partly to blame for causing or contributing to the accident or to your injuries (or to the severity of your injuries). In this case it means that your injuries may be more severe as a result of your negligence in failing to wear a seat belt, which is breaking the law.
Contributory negligence would be argued in terms of a percentage. The Defendant may argue that you are 20% responsible. What would this mean in terms of any compensation awarded? For example purposes let’s say that your claim is valued, on a full liability basis, at £2,000. If contributory negligence was agreed at 20%, you would not receive 100% of your compensation; you would receive the remaining 80% (20% deducted). So in the example given you would receive £1,600 (£2,000 minus 20% for contributory negligence). Where contributory negligence is agreed or found by a Court of law, your compensation would be deducted accordingly.
From case law the maximum deduction for not wearing a seatbelt (the maximum amount of contributory negligence) is 25%. Therefore if you did not wear a seatbelt and you were involved in an accident which was not your fault, you should not be found to be more than 25% contributory negligent in the case. The leading case on this matter is Froom -v- Butcher [1976] in which Lord Denning set the following guidelines:
- If wearing a seatbelt would have prevented the injury all together then max is 25% contributory negligence (meaning max 25% deduction in compensation for contributory negligence);
- If wearing a seatbelt would have substantially reduced the injury then this is 15% contributory negligence.
Unfortunately it is not as black and white as the above suggests as, since laying down these guidelines, deductions of 20% have been applied where injuries would have been slighter if a seatbelt had been worn. Therefore the exact amount of contributory negligence is a matter for debate. However, based on current case law, the maximum amount of contributory negligence in respect of not wearing a seatbelt is 25%. This is even the case if wearing the seatbelt would have prevented the injury all together!
There are many other issues surrounding the wearing of seatbelts. Think about the possibilities such as people not wearing seatbelts on medical grounds, taxi drivers not wearing seatbelts so that they are not impeded in exiting the vehicle etc.
If you have been injured in a road traffic accident which was not your fault, even if you were not wearing a seatbelt, you are entitled to make a claim. There are likely to be issues raised and allegations of contributory negligence. Even if contributory negligence is agreed or found by a Court of law, any compensation would be deducted accordingly but it cannot wipe out your compensation entirely. For additional advice or to discuss a potential personal injury claim, do not hesitate to contact The Injury Lawyers today.
