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Castle Law Office

Q
What If I Was Injured In a Car Accident But Wasn't Wearing a Seat Belt?

A

After a car accident, you may still have a personal injury case even if you weren't wearing a seat belt.

In Missouri, state statutes call for the driver and all front-seat passengers of a car — unless they're specifically exempt — to wear a seat belt while the vehicle is moving. Children riding in an automobile must be secured in a restraint system appropriate to their age and weight.

In Kansas, both the driver and the front-seat passenger must also wear their seat belts. Children must be restrained in booster seats from ages 4-7. Passengers riding in the back seat of an automobile are not required to wear seat belts. 

However, if another driver is at fault for causing the collision, then you still have a case against him or her, since not wearing a seat belt did not cause or contribute to the accident — the driver of another car did.

In some cases, the insurance company will attempt to reduce the amount of your settlement, particularly if it can be demonstrated that not wearing a seat belt contributed to the severity of your injuries.

There are also instances where seat belts have shown to be defective, opening at the moment of impact in a collision. If you suspect this may be the case in your accident, you should contact a personal injury attorney as soon as possible.

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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