No Seatbelt in a NJ Crash: Can You Still Recover Damages?

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Many people are surprised to learn that you can still sue for injuries sustained in a car accident in New Jersey, even if you weren’t wearing a seatbelt at the time of the crash. That said, your compensation may be affected due to how New Jersey applies its comparative negligence laws and the use of the seatbelt defense.

This guide explains everything you need to know, including how New Jersey law handles fault in these situations, what insurers will try to argue, and how to protect your legal rights after a crash.

What Happens If You Weren’t Wearing a Seatbelt in a Crash?

Are You Automatically at Fault?

No. Not wearing a seatbelt does not automatically make you liable for the accident or bar you from seeking compensation. Fault is determined by the circumstances of the crash — such as who caused it — not whether you were wearing a seatbelt.

Can You Still File a Lawsuit?

Yes. As long as you were less than 51% at fault for the accident, New Jersey law allows you to seek damages under its modified comparative fault system.

 

Overview of New Jersey’s Modified Comparative Negligence Law

What Is Modified Comparative Fault?

Modified comparative negligence means that multiple parties can share blame in an accident. If you are partially responsible, your compensation will be reduced by your percentage of fault.

For example, if you’re found to be 25% responsible for your injuries and your total damages are $100,000, you’d be awarded $75,000.

The 51% Rule: Why It Matters

New Jersey follows a 51% bar rule, meaning that if you’re 51% or more at fault, you are not entitled to any compensation. If your level of fault stays at or below 50%, you can still recover damages.

 

The Seatbelt Defense: How Insurance Companies Push Back

What Is the Seatbelt Defense?

The seatbelt defense is a legal strategy used by defendants and insurance companies to argue that the plaintiff’s injuries would have been less severe — or avoided altogether — if they had been wearing a seatbelt.

The defense doesn’t attempt to shift blame for the accident itself. Instead, it focuses on reducing the amount of compensation for the injuries.

How Does It Work?

Insurers will often:

1. Claim that not wearing a seatbelt directly caused or worsened your injuries.
2. Use expert witnesses to support that argument.
3. Push for a percentage of fault to be assigned to you, thereby reducing your claim payout.

 

Does Not Wearing a Seatbelt Violate NJ Law?

What Does New Jersey Law Require?

Yes, New Jersey law requires drivers and front-seat passengers to wear seatbelts. Rear-seat passengers over 18 are not legally required to wear one unless they are in a rideshare vehicle like Uber or Lyft.

Does Breaking That Law Affect Your Injury Claim?

While not wearing a seatbelt is a violation of traffic law, it doesn’t automatically bar you from recovering compensation. However, it can be used as evidence in a personal injury case to argue comparative fault.

 

How Compensation Is Calculated When No Seatbelt Was Worn

Injury Severity and Medical Records

One of the biggest factors in calculating damages is the nature and extent of your injuries. If an expert can demonstrate that your injuries would’ve occurred regardless of seatbelt use, the seatbelt defense may have little effect.

How Comparative Fault Adjusts the Payout

Here’s how your compensation could be affected:

• 0%–20% fault: Minor reduction; claim remains strong.
• 21%–50% fault: Larger reduction; still eligible for compensation.
• 51%+ fault: You may lose the right to compensation altogether.

 

Common Scenarios: Seatbelt Non-Use in NJ Accidents

Scenario 1: Rear-End Collision at a Red Light

A driver is sitting at a stoplight when another car crashes into the back of their vehicle. They aren’t wearing a seatbelt and suffer a neck injury. The insurer argues the injury would’ve been minor with a seatbelt.

However, because the other driver is clearly at fault, and the injury may have occurred anyway, the victim could still recover compensation — with a possible reduction for comparative fault.

Scenario 2: Side-Impact Collision in an Intersection

A car runs a red light and hits a vehicle broadside. The victim wasn’t wearing a seatbelt and suffers a fractured arm. The defense argues that a seatbelt would not have prevented the arm injury.

In this case, the seatbelt defense may be irrelevant, and the victim could recover full compensation.

 

What Insurance Adjusters Don’t Want You to Know

They Count on You Not Knowing the Law

Many adjusters make it seem like not wearing a seatbelt kills your case entirely. This is simply not true under New Jersey law.

They May Pressure You to Settle Quickly

If you admit you weren’t wearing a seatbelt, the adjuster may:

• Offer a quick, low settlement.
• Suggest you’re lucky to receive anything.
• Use your statements against you later.

Never speak to an insurance company without first consulting a personal injury attorney.

 

How to Strengthen Your Case If You Weren’t Wearing a Seatbelt

Be Honest With Your Lawyer

Don’t hide the fact that you weren’t wearing a seatbelt. Your attorney needs all the facts to build a proper defense and present your case effectively.

Gather and Preserve Evidence

1. Get medical treatment immediately.
2. Obtain the police accident report.
3. Collect witness contact information.
4. Take photos of the vehicle and injuries.
5. Keep all correspondence from insurance companies.

Consider Expert Testimony

A skilled attorney may bring in accident reconstructionists or medical experts to argue that your injuries would have occurred even with a seatbelt.

 

What Should You Do After a No-Seatbelt Accident in NJ?

Follow these steps to protect your rights:

1. Seek medical attention right away.
2. Do not admit fault or talk to insurance adjusters without legal counsel.
3. Document everything: injuries, damage, police reports, witness names.
4. Contact a New Jersey personal injury lawyer with experience in car accident cases involving the seatbelt defense.
   

 

Frequently Asked Questions (FAQ)

Can I still sue if I wasn’t wearing a seatbelt in a New Jersey car accident?
Yes, you can still sue for personal injury in New Jersey even if you weren’t wearing a seatbelt at the time of the crash. The state’s comparative negligence law allows injured parties to pursue compensation as long as they are not more than 50% at fault for the accident. Seatbelt use is a factor in evaluating the extent of your injuries, not necessarily in determining who caused the crash.

Will my compensation be reduced if I wasn’t buckled up?
It’s possible. New Jersey courts may apply what’s called the seatbelt defense, which allows the defense or the insurance company to argue that your injuries were more severe because you weren’t wearing a seatbelt. If they are successful in proving this, your compensation may be reduced proportionally to your degree of fault. However, if your injuries would have occurred regardless, this defense may have little or no effect on your settlement.

Is not wearing a seatbelt considered negligence in New Jersey?
While not wearing a seatbelt is a violation of traffic law in New Jersey, it is not automatically considered legal negligence in the context of personal injury claims. However, it can be used as evidence to support a comparative fault argument, particularly if your injuries are the type that seatbelts typically help prevent. The outcome will depend on expert opinions and case specifics.

What if the other driver was clearly at fault for the accident?
If the other driver was clearly negligent—such as running a red light, texting while driving, or driving under the influence—you may still have a strong case. The fact that you weren’t wearing a seatbelt could be considered when determining your level of responsibility for the severity of your injuries, but it doesn’t erase the other driver’s liability for causing the crash in the first place.

Do I need a lawyer if I wasn’t wearing a seatbelt during the crash?
It is strongly recommended that you consult with a personal injury attorney if you were involved in an accident without wearing a seatbelt. These cases often involve complex legal arguments about fault and injury causation. A skilled lawyer can help you counter the seatbelt defense, gather expert medical testimony, and maximize your chances of receiving fair compensation.

 

Final Thoughts: Seatbelt or Not, You Still Have Rights

Just because you weren’t wearing a seatbelt doesn’t mean you don’t have a case. New Jersey law recognizes that multiple factors contribute to injuries in car accidents, and you may still be entitled to significant compensation.

The key is to understand your rights, gather proper evidence, and work with a lawyer who knows how to navigate the complex legal defenses that may be used against you.

 

Contact The Epstein Law Firm, P.A., Today

Were you injured in a New Jersey car accident while not wearing a seatbelt? Don’t let insurance companies use that against you unfairly. You may still be entitled to compensation — even if they try to reduce your claim.

Get legal help today. Speak with an experienced New Jersey personal injury attorney who understands the seatbelt defense and can fight for the settlement you deserve.

Contact The Epstein Law Firm, P.A., today for a free case evaluation. There’s no cost to talk, and no fee unless you win.