Accidents are traumatic enough—even more so when a detail like not wearing a seatbelt adds legal uncertainty. At Steve Foley Law, our accident injury lawyers know how failing to buckle up doesn’t automatically eliminate your right to compensation. However, it can introduce additional legal hurdles. Here’s what every New Yorker needs to understand.
The Seatbelt Laws in New York
In New York State, it’s mandatory for all vehicle occupants, including drivers and passengers, to wear properly adjusted and fastened seatbelts. Not only is it a traffic violation, but it also opens the door for insurers to raise a “seatbelt defense” to reduce your compensation.
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What Is the “Seatbelt Defense”?
Insurers or opposing attorneys may argue that your injuries were partly or wholly caused by not wearing a seatbelt. In legal terms, this defense asserts that you failed to mitigate your injuries by neglecting a safety device.
New York follows a pure comparative negligence model, meaning that even if you share some fault, you can still recover damages. Those damages will be reduced according to your percentage of fault.
Can You Still Claim Compensation?
Absolutely. Not wearing a seatbelt doesn’t bar recovery. You can still pursue compensation, particularly if another driver’s negligence caused the crash. Your legal team could challenge assumptions about how much worse your injuries would’ve been if you had been buckled, leveraging expert analysis when necessary.
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What You Should Do Next
If insurance companies invoke the seatbelt defense, it’s crucial to respond effectively. At Steve Foley Law, we:
- Partner with medical and accident reconstruction experts to show that a lack of a seatbelt didn’t primarily cause your injuries.
- Argue that the other driver’s negligence remains the root cause and should bear full responsibility.
- Fight to minimize any percentage of fault attributed to not wearing a seatbelt.
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Trust Steve Foley Law to Protect Your Rights
With over 30 years of trial-tested experience and a track record of six- and seven-figure recoveries, Steve Foley Law knows how to navigate complex defenses and negotiate fair compensation for serious injuries. Contact our New York personal injury team today to schedule a free consultation and learn how we can fight for the compensation you deserve.
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