Wearing a seatbelt has been a legal requirement in the UK for more than 40 years, yet thousands of drivers and passengers still travel unrestrained every day. This is despite the decades of public education about the law relating to seat belt use. Government statistics consistently show that failing to wear a seatbelt significantly increases the risk of death or life-changing injury in a road traffic collision. Brake’s Chief Executive, Mary Williams OBE, puts it simply: “Wearing a seatbelt is one of the simplest and most effective ways to reduce your risk of injury in a crash.” This article explains the law on seatbelts in England and Wales, what happens if you don’t wear one, the types of injuries commonly seen in unrestrained occupants and how this can affect a personal injury claim. It also outlines how Morr & Co’s specialist Personal Injury team can support you if you’ve been involved in a collision, whether you were wearing a seatbelt or not. Who has responsibility to ensure that seatbelts are used? It is the responsibility of the driver to wear a seatbelt themselves. The driver must also ensure that any passengers under the age of 14 are appropriately restrained (i.e. that they are wearing a seatbelt and using a child booster sear or using a fitted child seat). Passengers over the age of 14 are responsible for wearing their own seatbelt. What are the penalties for not wearing a seatbelt? Failing to wear a seatbelt can lead to a fixed penalty fine and in some cases a Court appearance, which may result in a higher financial penalty. Why seatbelts make such a difference According to THINK! road safety data, wearing a seatbelt can reduce the risk of death or serious injury by as much as 50%. Seatbelts are designed to keep you securely in position during a collision, preventing contact with the steering wheel, dashboard or windscreen and reducing the likelihood of severe head, facial, spinal and internal injuries. Passengers not wearing seatbelts can also become projectiles inside the vehicle, causing life-threatening harm to themselves and others. Is an airbag enough? No. An airbag is not enough. They are designed to work with seatbelts, not replace them. Without a seatbelt, the force of impact can make an airbag far less effective and can even cause additional injury to an unrestrained occupant. Can I still claim compensation if I wasn’t wearing a seatbelt? Yes. If you are injured in a road collision which was not your fault and you are injured, you can still make a claim for compensation, even if you were not wearing a seatbelt. However, the amount that you receive will likely be reduced if it can be shown that your injuries would have been less severe, or even avoided, if you had been wearing a seat belt. Common injuries when seatbelts are not worn Wearing a seatbelt does not guarantee that you will not suffer any injuries. However, the severity of those injuries should be reduced. Without a seatbelt you are far more at risk of sustaining severe or catastrophic injuries, including: Head Injuries Facial and dental injuries Chest, abdominal and internal injuries Multiple fractures and broken bones Spinal Injuries, including paralysis Wearing a seatbelt cannot eliminate all risk, but it significantly reduces both the severity and the likelihood of serious injury. How can Morr & Co help? If you or a loved one has been injured in a road traffic collision, whether a seatbelt was worn or not, our Personal Injury team can help you understand whether you are able to make a claim and if so pursue the claim for you. Our Personal Injury team can support clients throughout their entire claim journey including, gathering medical evidence, dealing with defendant insurers and lawyers and facilitating rehabilitation and treatment. If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Personal Injury team on 0333 038 9100 or email info@morrlaw.com and a member of our expert team will get back to you. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Charlotte Rees-Knowlden Partner, Head of Department Message Tags Insights On this page Contact our team today Contact Us
