Understanding How Not Wearing a Seatbelt Affects Your Right to Compensation

Mississippi requires drivers and passengers to wear seatbelts, but failing to do so does not automatically mean an injured person is ineligible for compensation. The state’s laws impact how not wearing a seatbelt is considered in personal injury claims, particularly when determining fault and calculating damages. Understanding these legal issues can help protect your right to financial recovery after a crash.

Mississippi’s Seatbelt Laws and Their Role in Car Accident Claims

Mississippi law requires all drivers, front-seat passengers, and certain rear-seat passengers to wear seatbelts. However, Mississippi does not allow the lack of seatbelt use to be used as evidence of negligence in determining fault. This means that an insurance company or defense attorney cannot argue that simply failing to wear a seatbelt caused the crash.

That being said, insurance companies may still attempt to minimize claims by suggesting that injuries were worsened because a seatbelt was not used. Understanding how these tactics work can help accident victims seek the full compensation they deserve.

Comparative Negligence in Mississippi and the Seatbelt Defense

Mississippi follows a pure comparative negligence rule, meaning that an injured person can still recover damages even if they were partially at fault. If a court finds that an injured person was partly responsible for their own injuries—such as by not wearing a seatbelt—it can reduce the total compensation by their percentage of fault.

For example:

• If someone was awarded $100,000 in damages but was found to be 25% responsible due to not wearing a seatbelt, they would receive $75,000 instead.
• Even if the injured party was 99% responsible, they could still recover 1% of the awarded damages.

While Mississippi does not allow the lack of seatbelt use to determine fault in the accident itself, insurers and defendants may argue that it contributed to the severity of injuries, reducing the potential payout.

How Insurance Companies Use Seatbelt Non-Use to Minimize Claims

Insurance adjusters aim to pay out as little as possible. They often attempt to shift blame onto the injured person, even when Mississippi law prevents them from using seatbelt non-use as an argument for fault. Some ways insurers attempt to reduce claims include:

• Claiming injuries could have been prevented or reduced – Adjusters may argue that injuries were worse due to the lack of a seatbelt, even though proving this can be difficult.
• Offering low settlement amounts early in the process – Insurers may propose quick payouts that fail to cover long-term medical needs, lost income, or pain and suffering.
• Using medical records to suggest a lack of mitigation – If an injury could have been less severe with a seatbelt, insurers may argue that the victim contributed to their damages.

Understanding these tactics can help injured individuals avoid accepting unfair settlements.

The Risks of Quick Settlements and How They Can Impact Future Compensation

After an accident, insurance companies often encourage victims to accept fast settlements. While this might seem appealing, it can be a mistake. Injuries may take time to fully manifest, and once a settlement is accepted, no further compensation can be pursued.

Dangers of Accepting a Low Settlement Offer Too Soon

• Future medical costs may not be accounted for – Some injuries, such as spinal damage or brain trauma, may require long-term care. A fast settlement may not cover future treatment.
• Loss of wages and future earning potential – If an injury affects the ability to work, the settlement must reflect lost earnings, including potential future losses.
• Pain and suffering damages may be undervalued – Insurance companies focus on medical bills but often undervalue non-economic damages.

If a settlement is inadequate, legal action may be necessary to secure full compensation. Victims should consider consulting an attorney before accepting any offer to ensure they are not being pressured into taking less than they deserve.

Filing a Personal Injury Lawsuit After a Car Accident in Mississippi

If a fair settlement cannot be reached, filing a lawsuit may be necessary. This involves:

1. Gathering Evidence – Medical records, accident reports, and expert testimony help build a strong case.
2. Filing Within the Statute of Limitations – In Mississippi, most car accident claims must be filed within three years from the date of the crash.
3. Proving Negligence – Demonstrating that another driver or party caused the accident and is responsible for damages.

Legal representation can be crucial when dealing with insurance companies that try to reduce payouts based on seatbelt non-use or other arguments.

If you or a loved one were injured in a car accident and are facing insurance company tactics aimed at minimizing your compensation, Kellum Law Firm, P.C. is ready to help. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your legal options and seek the full compensation you deserve.

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Accident Claim Frequently Asked Questions

Does not wearing a seatbelt automatically mean I was at fault for my injuries?
No. Mississippi law prohibits the use of seatbelt non-use as evidence of negligence in determining fault for the accident. However, insurance companies may still argue that failing to wear a seatbelt contributed to the severity of injuries, potentially reducing the amount of compensation awarded.

Can an insurance company deny my claim because I wasn’t wearing a seatbelt?
An insurance company cannot deny a claim solely because a seatbelt was not used. However, they may argue that injuries could have been less severe with a seatbelt, which could impact the settlement amount.

How does comparative negligence affect my case if I wasn’t wearing a seatbelt?
Mississippi follows a pure comparative negligence rule, meaning that if a court determines that not wearing a seatbelt contributed to the severity of your injuries, your compensation could be reduced based on your percentage of fault.

Should I accept a quick settlement offer from the insurance company?
It is generally not advisable to accept an early settlement offer without fully understanding the long-term impact of your injuries. Insurance companies often propose low settlements that may not cover future medical expenses, lost income, or pain and suffering.

How long do I have to file a car accident lawsuit in Mississippi?
Mississippi law allows three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can result in losing the right to pursue compensation.

What types of damages can I recover after a car accident?
Victims may recover damages for medical expenses, lost wages, pain and suffering, and property damage. If negligence was particularly reckless, punitive damages may also be awarded.

How can I prove my injuries if the insurance company argues that a seatbelt would have reduced them?
Medical records, expert testimony, and accident reconstruction analysis can provide evidence that your injuries were caused by the crash itself, rather than by the lack of a seatbelt.

Can I still file a claim if my injuries didn’t appear until weeks after the accident?
Yes. Some injuries, such as concussions or soft tissue damage, may not be immediately noticeable. Seeking medical attention as soon as symptoms arise can help strengthen your case.

What should I do if an insurance adjuster pressures me to settle quickly?
Avoid agreeing to any settlement before consulting a lawyer. Insurance adjusters are trained to minimize payouts, and a quick settlement may not fully cover your expenses.

What if my loved one died in an accident and wasn’t wearing a seatbelt?
Family members may still file a wrongful death claim. While seatbelt non-use may be raised as a defense, Mississippi law allows surviving family members to seek compensation if another driver was responsible for the crash.

Call For Your Free Consultation

If you’ve been injured in a Mississippi car accident, understanding how police reports impact your claim is crucial. At Kellum Law Firm, P.C., our attorneys can guide you through the claims process and ensure your rights are protected. Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.