Can I Still Recover Damages If I Wasn’t Wearing a Seatbelt in North Carolina?
Seatbelts save lives—but what happens if you weren’t wearing one during a crash? Can you still recover damages? The answer isn’t always straightforward, especially in a contributory negligence state like North Carolina. Here's what you need to know if you were injured in a car accident while unbelted.
Seatbelt Use and the Law in NC
North Carolina law requires all drivers and passengers to wear seatbelts. While not wearing one may lead to a fine, it does not automatically bar you from filing a personal injury claim if you’re injured in a crash caused by someone else.
How Insurance Companies May Use It Against You
Insurers will likely argue that your injuries were worsened by your failure to buckle up, and they may try to deny your claim based on contributory negligence. However, under North Carolina law, failure to wear a seatbelt is not considered negligence per se.
What Courts Say About Seatbelt Defense
Courts in North Carolina have ruled that the “seatbelt defense” cannot be used as a basis to deny injury claims entirely. In other words, not wearing a seatbelt doesn’t automatically mean you're at fault or ineligible for compensation. That said, each case depends on specific facts, and opposing attorneys may still try to introduce seatbelt non-use to influence outcomes.
Bottom Line: Don't Assume You're Disqualified
If you were injured while not wearing a seatbelt, talk to a personal car accident claims injury attorney right away. There may still be a valid path to compensation, especially if the other party's negligence clearly caused the crash.