Can a Seatbelt Injury Still Qualify for Compensation?
In Michigan, the act of wearing a seatbelt is not only a legal requirement but also a critical factor in determining the extent of compensation you may receive after a car accident. While seatbelts are designed to protect occupants, they can sometimes cause injuries due to their forceful restraint during a collision.
At Schefman & Associates, PC, we understand the physical, emotional, and financial toll a serious car accident can take. Based in Bloomfield Hills, Michigan, our experienced car accident injury lawyers are dedicated to helping accident victims handle challenging personal injury claims and fight for the compensation they’re entitled to.
With over 40 years of experience handling Michigan auto accident cases, we provide compassionate, strategic representation with a strong track record of success. Whether you're dealing with injuries caused by another driver’s negligence or complications related to seatbelt use, we're here to stand by your side every step of the way.
Examining Seatbelt-Related Injuries
Seatbelt injuries, often referred to as "seatbelt syndrome," can range from minor bruising to more severe internal injuries. Common injuries include:
Chest and rib fractures: The force exerted by a seatbelt during a crash can cause fractures in the ribs or sternum. These injuries are more likely in high-speed collisions or in individuals with decreased bone density, such as the elderly.
Abdominal injuries: Improperly positioned seatbelts can compress the abdomen, leading to injuries to internal organs such as the liver, spleen, and intestines.
Whiplash and spinal injuries: The sudden stop during a collision can cause the head and neck to jerk forward, leading to whiplash or spinal injuries.
Soft tissue injuries: Bruising and tearing of muscles, tendons, and ligaments, particularly in the shoulder and neck areas where the seatbelt makes contact.
These injuries highlight the potential risks of injury even when safety measures are correctly in place.
Michigan's No-Fault Insurance System and Comparative Fault
Michigan operates under a no-fault insurance system, meaning that after a car accident, your own insurance company pays for your medical expenses and lost wages, regardless of who was at fault. However, if you're injured in a car accident while not wearing a seatbelt, even if the collision was not your fault, your compensation may be reduced by your own percentage of fault in causing your injury by your failure to wear a seatbelt.
While not wearing a seatbelt doesn't automatically bar you from recovering damages, it can be used as evidence of negligence and may reduce your compensation. Michigan law allows for a reduction in damages by up to 5% if the injured party wasn't wearing a seatbelt, as this may be considered as contributing to your injury.
Steps to Take After a Car Accident Involving Seatbelt Injuries
If you're involved in a car accident and sustain injuries, consider the following steps:
Seek medical attention immediately: Even if injuries seem minor, it's crucial to get checked by a healthcare professional. Some symptoms may not appear right away, and early diagnosis can prevent complications. Medical records also serve as important evidence for any potential legal or insurance claims.
Document the Bruising: Take photos of any visible injuries. Be sure to capture different angles and include close-ups and wide shots.
Begin keeping a diary: Be sure to make a record ofow the injuries are impacting and limiting your daily routine, who is helping you and how they are helping you.
By following these steps, you can protect your rights and improve your chances of receiving your just compensation.
Can You Still Be Compensated If the Seatbelt Caused Your Injury?
Courts and insurance companies recognize that while seatbelts are safety devices, they aren't infallible. Wile in many cases, injuries caused by the seatbelt are far less severe than those that would have occurred without one, these injuries may still staisfy the "serious impairment" threshold required to pursue a claim against the at-fault driver. This is particularly true in cases involving high-speed collisions, multiple-vehicle accidents, or defective vehicle components.
Seatbelt Use and Comparative Fault
Michigan follows the rule of modified comparative fault. This means that your compensation may be reduced by your percentage of fault in the accident. If you're found to be more than 50% at fault, you may be barred from recovering certain types of damages.
In the context of seatbelt use, if you weren't wearing one and sustained injuries that might have been prevented, your damages could be reduced. However, this doesn’t mean you're ineligible for compensation. The insurance adjuster or court will look at:
Whether your lack of seatbelt use directly contributed to your injuries
How much of your injury could have been prevented with proper seatbelt use
The degree of negligence of the other party involved.
When a Seatbelt Injury Results From a Defective Product
Another important legal angle involves defective seatbelts. In some cases, the injury may have occurred not because you wore the seatbelt, but because it malfunctioned or was improperly designed. If that’s the case, the car manufacturer or seatbelt manufacturer could be held liable through a product liability claim.
Common examples of defective seatbelt issues include:
Seatbelts that unbuckle during impact
Retractors that fail to lock during sudden stops
Webbing that tears under pressure
Improper anchoring or installation
In these situations, a car accident injury lawyer may recommend filing a separate claim against the manufacturer. These cases can be challenging and often require expert testimony and detailed technical analysis, but they can result in substantial compensation.
Speak With an Experienced Lawyer at Schefman & Associates Today
If you’ve suffered a seatbelt-related injury in a crash, you may still be entitled to compensation. The professionals at Schefman & Associates, PC are here to help you understand your rights and pursue the justice you’re entitled to. We proudly serve clients across Wayne County, Oakland County, Macomb County, Washtenaw County, and Genesee County. Contact us today to speak with an experienced car accident injury lawyer about your case.
