Can I Recover Compensation If I Wasn’t Wearing a Seatbelt in an Uber?
Being involved in an Uber accident can leave you facing medical bills, lost income, and significant pain and suffering. If you were injured while riding in an Uber and were not wearing a seatbelt at the time of the crash, you may wonder whether you can still recover compensation. The good news is that failing to wear a seatbelt does not automatically prevent you from pursuing an injury claim.
However, your lack of seatbelt use may affect the amount of compensation you ultimately receive. Understanding how seatbelt laws and comparative negligence rules apply can help you protect your rights after a rideshare accident.
Uber Passengers Can Still Pursue Compensation After an Accident
In most cases, injured Uber passengers can still seek compensation after a rideshare accident even if they were not wearing a seatbelt. Potentially liable parties may include:
- The Uber driver,
- Another negligent driver,
- Multiple drivers involved in the collision, and/or
- Other responsible parties, such as vehicle manufacturers or government entities responsible for road maintenance.
Because passengers typically do not contribute to causing the accident itself, they often have strong claims for compensation following a rideshare collision.
How Not Wearing a Seatbelt May Affect Your Claim
While failing to wear a seatbelt may not prevent you from filing a claim, insurance companies often argue that your injuries were more severe because you were unrestrained.
For example, if a passenger suffers a head injury after being thrown forward during a collision, an insurance company may claim that some or all of your injury could have been avoided with proper seatbelt use.
This argument is commonly known as the “seatbelt defense.” The insurer may attempt to reduce its financial responsibility by claiming that the passenger’s own actions contributed to the extent of the injuries.
Comparative Negligence May Reduce Compensation
Many states follow comparative negligence rules. Under these laws, a person’s compensation can be reduced if their own conduct contributed to their injuries.
Consider, for example, the situation where you were injured in a rideshare accident and failed to wear a seatbelt. Assume that you succeeded in your injury claim and an insurer or jury awarded you $100,000. But, now assume that 20% of your injuries were attributable to you not wearing a seatbelt. Under comparative negligence laws, your final recovery would be reduced by 20% so that you would receive $80,000.
Please note that the specific impact of seatbelt nonuse varies depending on state law and the facts of your case.
Uber’s Insurance Coverage May Still Apply
Uber maintains substantial insurance coverage for passengers injured during rides. Depending on the circumstances, coverage may include compensation for the following:
- Medical expenses,
- Lost wages,
- Pain and suffering,
- Future medical treatment, and
- Loss of earning capacity.
Even if questions exist regarding seatbelt use, Uber’s insurance coverage may still provide a significant source of recovery for injured passengers.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.