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  5. Seatbelt Non-Use Cannot Be Used to Show an Accident Victim Was Contributorily Negligent in an Indiana Car Accident Case

Seatbelt Non-Use Cannot Be Used to Show an Accident Victim Was Contributorily Negligent in an Indiana Car Accident Case

Parr Richey Frandsen Patterson Kruse LLP | Oct 28, 2019 | Car Accidents, Highway & Traffic Safety, Indiana Laws |

Recently, an Indiana news report covered a fatal car accident that occurred on I-70. According to Indiana State Police, the accident victim was driving on the highway when he swerved into another car. The driver died on impact, and the other driver was taken to the hospital for life-threatening injuries. Investigations revealed that the accident victim was not wearing a seat belt at the time of the accident.

In Indiana, seat belt use is a mandatory requirement that can help to protect many accident victims from severe injuries or death. Seat belts help drivers and passengers by preventing them from flying through their vehicle’s windshield, smashing into the dashboard, or falling out of the car. Seat belts are proven to mitigate the injuries and damages that accident victims suffer during a car accident.

When an individual is involved in an accident with a negligent driver, the other driver may try and limit their liability by pointing to the victim’s failure to wear their seat belt. Insurance companies and defendants might claim that the plaintiff’s injuries and damages would not have been as severe had they were wearing a seat belt. Although this may be true, Indiana law does not allow defendants to use evidence of an accident victim’s seat belt non-use as a factor in a comparative negligence determination.

Comparative negligence is a legal theory that can reduce a victim’s damages award based on their level of fault. Indiana follows a modified comparative fault system, which allows plaintiffs to recover if they were less than 51% at fault. Importantly, plaintiffs will not be able to recover if they are more than 51% at fault for the accident.

Indiana’s Seat Belt Act states that a person who does not use a seat belt in an accident cannot face consequences under Indiana’s comparative fault rules. In effect, defendants cannot use a plaintiff’s failure to wear a seat belt to establish partial fault or negligence. Even though defendants cannot use seat belt use to limit liability, there are many other defenses that they may employ. Injury victims must understand that their actions may affect their award. Factors such as cell phone use, speeding, and distraction may be used against them. Plaintiffs should make sure that they retain an experienced Indiana car accident attorney to represent their interests.

Have You Suffered Injuries in an Indiana Car Accident?

If you or a loved one has sustained injuries in an Indiana car accident, contact our experienced legal team at Parr Richey Frandsen Patterson Kruse. Our attorneys have a strong reputation for representing Indiana injury victims in all types of personal injury lawsuits. We have vigorously advocated on behalf of countless injury victims and their families. The attorneys at our firm understand the importance of diligence and compassion when handling Indiana car accident lawsuits. We also have the necessary knowledge and skills to get you the compensation you deserve. Compensation often includes payments for your past medical expenses, ongoing medical treatment, property damage, as well as for your pain and suffering. Contact our office at 888-532-7766 to schedule your free initial consultation with one of our attorneys.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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