How Seatbelt Laws Impact Car Accident Cases

All 50 states plus the District of Columbia have enacted seatbelt laws. These laws impact car accident claims in a variety of ways, especially when they interact with other laws such as the state’s comparative fault law. Alabama’s seatbelt law matters, but it is less relevant than seatbelt laws in most other states. An Alabama car accident lawyer can help you defeat a seat belt defense.

Contributory negligence

Alabama applies the doctrine of contributory negligence to personal injury and wrongful death claims based on negligence, including car accident claims. Contributory negligence applies if (and only if) the injured victim was partially responsible for their own injuries. Under contributory negligence, if the injured victim is found to be negligent in causing  their own injuries, the defendant wins and the victim cannot collect any money. This harsh rule is applied by only four other jurisdictions: Maryland, North Carolina, Virginia, and the District of Columbia.

The seat belt defense

Under the “seat belt defense,” the defendant argues that the victim was not wearing a seatbelt at the time of the accident, and that this failure was negligent. In some states, that would mean a mere reduction in liability for the defendant. With a strict contributory negligence doctrine, however, a successful seat belt defense would mean zero compensation for the victim. Fortunately, thanks to an exception to contributory negligence in Alabama, that’s not the case.

Alabama law forbids the seat belt defense in negligence cases

Alabama’s contributory negligence law would apparently prevent the victim from winning any negligence lawsuit unless they were wearing a seat belt. This likely outcome motivated the Alabama legislature to pass a law forbidding the use of the seat belt defense in contributory negligence cases. A car accident victim might still lose a contributory negligence case, but not on account of not wearing a seatbelt.

The seat belt defense in intentional torts

In an intentional tort, the defendant acted deliberately, not carelessly. Imagine a road rage incident where the defendant deliberately causes an accident that injures the victim. Alabama law is clear that a defendant cannot use the fact that the victim was not wearing a seat belt to avoid the consequences of intentional misconduct.

The seat belt defense in punitive damage claims

Punitive damages do not compensate the victim the way that ordinary damages do. Instead, punitive damages are an extra amount that courts award to punish the defendant for particularly unacceptable behavior. In Alabama the defendant must have acted with “oppression, fraud, wantonness, or malice.”

 

Any of these adjectives add up to more than mere negligence. If the defendant acts outrageously, they cannot appeal to the seat belt defense or contributory negligence to excuse themselves from paying punitive damages. Nevertheless, it is still difficult to win punitive damages without the help of an experienced car accident lawyer.

Failure to mitigate damages in car accident cases

“Failure to mitigate damages” is the affirmative defense where the defendant asserts that the victim did not do all they should have done to limit the amount of their damages. This defense, although superficially appealing, does not apply to Alabama car accident cases.

 

Failure to mitigate damages applies only to something the victim did or didn’t do after the accident (such as failure to follow doctor’s orders).

 

Since failure to wear a seat belt occurs before an accident, failure to mitigate damages does not apply. The defendant cannot use the “failure to mitigate damages” defense to smuggle in a seat belt defense.

Evidence in Alabama seat belt defense cases

Although Alabama has banned the seat belt defense in negligence cases, a defendant can use it in product liability cases. If the seat belt defense is possible, the defense attorney will still need to gather evidence. Your car accident lawyer will have to oppose this evidence.

Relevant evidence might include:

• Police accident reports (typically inadmissible in court but useful in settlement negotiations)
• Eyewitness testimony from first responders
• Vehicle inspections (to see if the seatbelt was latched)
• Medical expert testimony regarding the nature of the injuries
• Testimony from an accident reconstruction specialist
• Data from your car’s event data recorder

A skilled car accident lawyer can move to exclude improper seat belt evidence.

Should you sue or settle?

In most personal injury claims, both victim and defendant agree on one issue: It’s better to settle than to sue. Settlement is faster and cheaper than a trial. Nevertheless, you might need to file a lawsuit to pressure the defendant to settle or, in some cases, you might need to take your case to trial to get just compensation.

An experienced Alabama car accident lawyer can make all the difference

Due to its application of contributory negligence, Alabama is a difficult place to win a car accident lawsuit. That is exactly why you need a lawyer if the value of your claim is substantial.

The irony is that you might not know whether you have a substantial claim unless you speak with a lawyer, but that’s OK. Martin & Helms is happy to offer you a free initial case consultation. Contact Huntsville car accident law firm Martin & Helms for a free initial consultation where you can tell your story and we can explore your options.