Driving without wearing a seatbelt currently results in drivers facing a fine of up to £500.
However, following the number of drivers and passengers killed in road accidents as a result of not wearing seatbelts rising from 19% in 2015 to 23% in 2019, new road safety measures have been put forward by the Parliamentary Advisory Council for Transport Safety (PACTS).
These proposals anticipate that the law will be changed so that drivers should automatically get points on their licence if they are caught not wearing a seatbelt, and possibly be banned from driving if they are repeat offenders. The proposals also include a provision for drivers to also receive points if passengers are not wearing a seatbelt.
So if:
- I were involved in a road traffic accident that wasn’t my fault; and
- I sustained personal injury and loss; but
- I wasn’t wearing my seatbelt
and I wanted to claim for compensation for personal injury and loss, how does this situation affect my claim?
The general rule is that your level of compensation can be reduced by a percentage to reflect the fact that the injured person may be partly responsible for the extent of the injuries that they have suffered because of their failure to wear a seatbelt – this is referred to as contributory negligence.
In road traffic accidents where an injured person has failed to wear a seatbelt, generally the rule of thumb that applies which allocates the appropriate percentage reduction is as follows:
- Where a person is injured in an accident, but they wold have escaped injury completely had they been wearing a seatbelt, then the compensation that they receive can be reduced by 25% i.e. they get 75% of the full value of their claim.
- Where a person is injured in an accident, but they would have been injured anyway, even if they had been wearing a seat belt, but perhaps less seriously, then their damages are reduced by 15% i.e. they get 85% of the full value of their claim.
- Where a person is injured in an accident, but they would still have suffered the same injuries even if they were wearing a seatbelt, then the compensation will not be reduced at all i.e. they will get 100% of the full value of their claim.
There can be exceptions to the above rules on a case by case basis, but these are rare and therefore if you are not wearing a seat belt and you are involved in a road traffic accident that wasn’t your fault, you are likely to receive some degree of reduction to your claim for compensation.
It therefore goes without saying that seatbelts not only save lives, but can dramatically reduce the extent of any injury that you may sustain whilst out travelling on the roads.
For more information or advice on how to make a claim if you have been involved in a road traffic accident, get in touch with Prettys’ Personal Injury team. Contact Louise Plant by calling 01473 298293 or email lplant@prettys.co.uk.
