According to the National Highway Traffic Safety Administration (NHTSA), approximately 10,000 people die each year in the United States from not wearing seat belts. In fact, nearly half of all vehicle occupants who die in auto accidents are unrestrained. According to Indiana Code § 9-19-10-2 (2023), wearing a seat belt in the Hoosier State is required by law, however, many drivers and passengers fail to do so for a variety of reasons. In the context of car accidents and subsequent personal injury claims, there are important things to be aware of if you or a loved one have been injured and were unrestrained at the time of your accident.
Although PSAs and awareness campaigns related to seat belt safety have increased over the years, unrestrained deaths and serious injuries continue to be a problem, particularly among younger drivers. If health and safety were not enough motivators for seat belt use in Indiana, an important law was recently introduced by legislators that can potentially affect car accident victims who were not wearing a seat belt.
Effective July 1, 2024, House Bill 1090 went into effect, which now allows the presentation of evidence by defendants showing plaintiffs over the age of 15 were unrestrained, and thereby failed to “mitigate damages.” As a result, the courts can use this information as a way to potentially reduce compensation and award amounts for injured parties.
This update to the law reinforces the importance of seat belt compliance for both personal safety and legal reasons. If someone was injured in an accident caused by another driver, but wasn’t wearing a seat belt, a court could wind up deciding that some of the injuries sustained were worsened by the lack of restraint.
Because of the intricacies involved in these types of cases, hiring an experienced Indiana car accident lawyer is essential to help navigate you through the litigation process. Your attorney will carefully evaluate your case and go over the best course of action in an effort to receive the compensation you deserve.
If you or a loved one have been involved in a car accident in Indiana and have questions, contact our law office to discuss your options. The attorneys at Hurst Limontes have over a century of combined experience and work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.
