If you were injured in a Missouri car accident and were not wearing a seat belt, you may worry that you cannot recover compensation for your injuries. Missouri’s seat belt laws do require many drivers and front-seat passengers to wear a properly adjusted and fastened safety belt. However, failing to wear one does not automatically prevent an injured person from pursuing a claim.
Missouri law places specific limits on how the failure to wear a seat belt can affect recovery damages in a motor vehicle accident case.
What Do Missouri Seat Belt Laws Require?
Under Missouri Revised Statutes Section 307.178, drivers and front-seat passengers in most passenger cars manufactured after January 1, 1968, must wear a properly adjusted and fastened safety belt when traveling on a Missouri street or highway.
The law includes certain exceptions, such as medical reasons for not wearing a seat belt and certain agricultural activities.
A violation can result in an infraction and a fine of up to $10. However, the consequences differ when failure to wear a seat belt becomes an issue in a personal injury lawsuit.
Can You Recover Damages If You Were Not Wearing a Seat Belt?
Yes. Not wearing a seat belt does not automatically prevent you from recovering damages after a Missouri car accident.
Section 307.178 specifically provides that, in an action involving the ownership, maintenance, or operation of a motor vehicle, a person’s failure to wear a safety belt is not considered evidence of comparative negligence.
This means an injured person generally cannot have their recovery reduced simply because they were not wearing a seat belt. There is, however, an important exception involving the amount of damages that can be recovered.
Can Failing to Wear a Seat Belt Reduce Your Damages?
Potentially, but Missouri law places a strict limit on the reduction.
A defendant may seek to introduce evidence that the failure to wear a seat belt contributed to the injuries claimed by the plaintiff. If the statutory requirements are satisfied and the evidence supports that conclusion, the amount of the plaintiff’s recovery may be reduced by no more than 1% of the damages awarded after any applicable reductions for comparative negligence.
The law therefore distinguishes between fault for causing the accident, and the effect that not wearing a seat belt may have had on the resulting injuries.
The Seat Belt Issue Does Not Determine Who Caused the Crash
For example, suppose another driver runs a red light and crashes into your vehicle. You were not wearing a seat belt, but the other driver clearly caused the collision.
Your failure to wear a seat belt generally cannot be used to establish that you were comparatively negligent in causing the accident under Section 307.178.
The seat belt issue instead concerns whether not wearing the restraint contributed to the injuries you sustained.
The Potential Reduction Is Limited
Even when the statutory requirements are satisfied, Missouri law limits the potential reduction to 1% in the types of motor vehicle actions covered by Section 307.178.
Missouri courts have applied this statutory limitation in personal injury cases involving seat-belt use.
Are There Exceptions to Missouri’s Seat Belt Rule?
Yes. Section 307.178 contains an important exception for lawsuits involving the design, construction, manufacture, distribution, or sale of a motor vehicle equipped with a safety belt.
In those types of product-related cases, failure to wear a properly adjusted and fastened safety belt can be considered when addressing comparative fault, causation, whether a defect or hazard existed, and mitigation of damages.
This is different from a typical car accident claim against the driver who allegedly caused the collision.
Contact Labovitz Law Firm After a St. Louis Car Accident
If you or a loved one was injured in a car accident in St. Louis or the surrounding Missouri communities, you do not have to assume that failing to wear a seat belt prevents you from seeking compensation. Missouri law places specific limits on the effect that seat-belt use can have on a personal injury recovery.
Contact the attorneys at Labovitz Law Firm to discuss your accident, your injuries, and your potential legal options. Whether your crash occurred in St. Louis, St. Louis County, or another community in the surrounding area, understanding your rights can help you make informed decisions about pursuing a claim.
