Did you know that in 2021, 28.6% of drivers killed in motor vehicle accidents weren’t wearing seatbelts?
The consequences of not buckling up go beyond physical harm—it can also affect personal injury claims. Insurance companies argue that not wearing a safety belt reduces the settlement you’re entitled to.
So, if you’ve been in a motor vehicle accident and weren’t restrained, navigating the legal process can be tricky. That’s when you need a dependable Calgary injury lawyer. Aside from legal representation, lawyers understand how personal injury law works and how to counter these insurance tactics to help you pursue maximum compensation.
But first, let’s break down how seatbelt use (or lack thereof) impacts your personal injury case.
Alberta’s Seatbelt Law
In Alberta, laws are clear and strict. Here’s a quick rundown:
- Drivers and passengers must wear seatbelts (or occupant restraints) at all times.
- Drivers are responsible for ensuring children aged 6 to 15 (or younger children over 18kg/40 lbs) are secured.
- Safety belts must be properly adjusted and securely fastened.
- It is prohibited to remove or modify seatbelts from the vehicle.
- Learner and probationary (GDL) drivers cannot have more passengers than there are seatbelts.
Are there Exceptions?
Seat belts and child restraints are not mandatory in the following situations, though their use is still highly recommended:
- In vehicles not equipped with seat belt assemblies by the manufacturer.
- In vehicles being used for deliveries while driven at 40 km/h or less.
- In vehicles participating in authorized municipal parades.
- By individuals with a letter from a qualified medical practitioner stating they cannot use an occupant restraint for medical reasons or physical characteristics.
Additionally, child restraints are not required (but still recommended) in:
- Taxis
- Emergency vehicles
- Vehicles rented or leased for 14 days or less
Even though these laws provide some leeway, utilizing proper restraints significantly enhances safety and can affect your personal injury claim in the event of motorcycle accidents.
While exceptions exist for certain medical conditions, they are rare. But when it comes to car accidents, not wearing a seat belt can complicate your personal injury claim. Understanding these rules is necessary for protecting your rights to fair and just compensation.
Can I File a Claim?
If you’ve been injured in motor accidents due to someone else’s negligence but weren’t wearing a seatbelt, you can still file a claim. However, the courts will consider your failure to wear a safety belt when determining your compensation.
Seek sound legal advice from an experienced personal injury lawyer Calgary who can evaluate your case and guide you through the personal injury litigation process.
Can the Driver Be Held Responsible?
In Alberta, drivers are legally responsible for ensuring passengers are properly restrained. Can the driver be held liable if you’re injured in an accident due to someone else’s negligence and weren’t buckled up? Yes, it’s possible.
This was addressed in the Galaske v. O’Donnell case, where an eight-year-old boy was injured after a collision. Neither he nor his father wore seatbelts, and the boy sued the driver after his father’s wrongful death.
In these cases, a law firm can guide you through the complex process of determining liability. With the help of legal counsel, you can navigate insurance claims to seek fair compensation, whether you’re dealing with an insurance company or pursuing a wrongful death claim.
Personal injury law firms ensure that all parties involved are held accountable, helping you achieve the best possible outcome.
Not Wearing a Seatbelt as Contributory Negligence
Contributory negligence is a legal principle under Alberta’s Contributory Negligence Act. It holds accident victims partly responsible for their injuries if they fail to act reasonably to protect their safety.
In car accidents, this comes into play when an injured person did not buckle up. As Calgary personal injury lawyers know, this can significantly affect financial compensation.
How Contributory Negligence Affects the Cases
If you were in a motor vehicle collision and were unrestrained, the court may determine you contributed to your serious personal injury. Here’s how it works:
| Causality | The court will assess whether your damages were caused or worsened by not putting on a seat belt. |
| Proof of Negligence | The defendant must prove that your failure to wear an occupant restraint resulted in more serious injuries. |
| Legal Precedents | Courts rely on past cases to determine how seatbelt non-compliance impacts liability in an auto accident. |
Impact on Compensation
For example, if the court finds you were 25% responsible for your injuries, your payout could be reduced by 25%.
This means that the percentage of your fault is the same as the percentage amount reduced to your payout. So, if you are assigned 10% fault and have a $200,000 award, you’ll receive $180,000.
But what if wearing a seat belt wouldn’t have prevented your injuries? The court advises that if contributory negligence is found solely for not wearing a seatbelt, the jury should award between 0% and 25%.
The maximum 25% applies only when almost all the injuries could have been avoided by putting on a safety belt. Most cases fall in the lower range, usually between 5% and 10%.
Case Law Samples
Jones v. Cheesebrough
The plaintiff was a passenger in a car driven by an intoxicated driver who crashed into a parked vehicle at high speed. The plaintiff, who was unrestrained, suffered head and arm injuries. Expert testimony revealed that putting on a safety belt would have likely prevented the head damage or reduced its severity.
Verdict: The court ruled that the plaintiff contributed to her injuries by not wearing a safety belt and riding with a drunk driver. As a result, she was found 40% at fault, and her compensation was reduced accordingly.
Heller v. Martens
The plaintiff was injured in a car accident and suffered serious shoulder injuries. The vehicle did not have seatbelts, but the evidence showed that wearing one would have significantly reduced his injuries.
Verdict: Although the accident wasn’t the plaintiff’s fault, the court decided he was partly responsible for his injuries due to not sporting a seatbelt. As a result, his compensation was reduced by 25%.
Is it Possible to Recieve Full Compensation?
Yes, it is possible to receive full compensation even if you were not wearing a seatbelt, but it depends on the specific circumstances of your case.
- Courts, along with medical and other professionals, will assess whether the failure to wear a seatbelt contributed to the injuries sustained in the accident.
- If the defendant can’t prove that putting on a safety belt would have prevented or reduced your injuries, you may still be entitled to full compensation.
In some cases, like Madge v. Meyer, courts have ruled in favour of the plaintiff, awarding full damages when the safety belt was not deemed a factor in causing the injuries. The defendant, who ran a stop sign and caused the collision, argued that the plaintiff’s brain injuries were partly due to not sporting a seatbelt.
However, medical evidence showed that sporting a safety belt wouldn’t have prevented or reduced the damage. Since the defendant couldn’t prove the seatbelt’s absence contributed to the damage, the court found no contributory negligence, and the plaintiff received full damages.
Get the Legal Support You Deserve
Recovering the full extent of your damages and the financial stress in navigating the aftermath of car accidents can be overwhelming. Regardless of whether you put on the safety belt or not, you have the right to seek fair compensation. You also don’t have to go through this process alone.
Working with a lawyer in Calgary with a proven track record of successful cases can help reduce your burden. Our legal team at Sidhu Personal Injury Lawyers Calgary is here to help you every step of the way. We offer free consultation to assess your case and explain your options.
With our legal services available on a contingency fee basis, you won’t pay unless we win your case. If you’re seeking a fair settlement for your injuries, contact us today to learn how we can advocate for your rights and ensure you receive the compensation you deserve.
Frequently Asked Questions
When is the deadline for filing a claim?
You generally have two years from the date of your damage or loss (or when you should have known about it) to file a claim. This is known as the limitation period. If you don’t file your claim within this timeframe, you lose the right to seek compensation, referred to as damages in legal terms.
This also applies to medical malpractice law and others. While the standard limitation period is two years, there are exceptions that can either shorten or extend this time depending on the specifics of your case.
What are the penalties for not following Alberta’s seatbelt laws?
Failing to comply with the safety belt laws can result in a $162 fine for not using proper occupant restraints. Additionally, GDL (Graduated Driver’s Licence) drivers who have more passengers than available seat belts will receive 2 demerit points on their driving record. Adhering to these laws is essential to ensure the safety of all passengers and avoid penalties.
How long does it take to settle an injury claim?
The time required to settle a claim in Alberta usually ranges from six months to three years. However, this timeframe can vary based on the specifics of each case. Simpler claims might be resolved more quickly through negotiations.
