Does Not Wearing A Seat Belt Affect Your Ability To Sue?

Can Not Wearing A Seat Belt Be Used Against You?

Wearing a properly secured seat belt is one of most important ways to protect yourself if you are in a car accident.  Drivers in Pennsylvania are required to wear a seatbelt.  However, the failure to wear a seat belt cannot be used against someone in a civil lawsuit.

Pennsylvania’s statute that deals with seat belt use is codified as 75 Pa.C.S. § 4581.  This statute has a specific exception that prevents a party from using evidence in a civil lawsuit that the injured person was not wearing a seatbelt.  In other words, if you are injured while driving your vehicle in Pennsylvania but were not wearing a seatbelt, the other party cannot use your failure to wear a seat belt as a defense.  The exception is specified in subparagraph (e) of the statute.

This should not in any way be taken as an excuse not to wear your seatbelt.  Wearing a seat belt is essential to minimizing the risk of injury from a collision.

If you have any questions or have been in a motor vehicle collision, contact Philadelphia car accident lawyer John Mattiacci today for a free consultation.

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