New Jersey’s Seat Belt Law: What It Says
New Jersey law requires all drivers and passengers to wear a properly fastened seat belt when a vehicle is operating on any street or highway in the state.
But we all know not everyone follows that rule. And if you don’t—and you’re injured in a rear-end accident—your failure to wear a seat belt could seriously impact your case.
Do you need a NJ Law Firm to help you with a rear-end lawsuit? Don’t wait. Consult with a local NJ Law Firm immediately if you’re ever involved in a rear-end accident.
The Seat Belt Defense: What It Means in Court
When the defense raises the “seat belt defense,” it triggers multiple legal questions. The jury must separate two issues:
- Who caused the rear-end accident
- Whether the plaintiff’s injuries were made worse by not wearing a seat belt
On the first point, whether you wore a seat belt does not affect fault for the accident itself. But it can affect how much money you can recover for your injuries.
What the Defense from a NJ Law Firm Must Prove in a rear-end accident
To reduce damages using the seat belt defense, the defense must prove three things:
- The plaintiff was not using an available seat belt at the time of the accident.
- The plaintiff was negligent in not using the seat belt.
- The plaintiff’s injuries were made worse because of that failure.
This typically requires expert testimony showing how the injuries from a rear-end accident could have been reduced or avoided entirely if a seat belt had been worn.
In other words, the defendant must prove that some or all of plaintiff’s injuries could have been prevented or avoided if he/she had been using a seat belt. Normally, this will require expert testimony.
Is Breaking the Law Automatically Negligence?
No. Even though New Jersey law mandates seat belt use, violating that law does not automatically make the plaintiff negligent. It’s just one of many factors the jury may consider when determining whether the plaintiff acted unreasonably.
Consult with a local NJ Law Firm immediately if you’re ever involved in a rear-end accident.
It is important to note that a violation of the New Jersey seat belt law is not conclusive as to the issue of whether plaintiff was negligent. Rather, it is merely one factor or circumstance which the jury is to consider in assessing the negligence, if any, of the plaintiff.
If the Jury Finds the Plaintiff Was Negligent…
If the jury finds that a plaintiff was negligent in not using a seat belt and that his or her injuries in a rear-end accident or any other car accident were made greater by this, it must then make two more decisions. If the jury agrees that not wearing a seat belt made the injuries worse, they must then:
Step 1:
Decide what portion of the injuries would have been avoided if a seat belt had been used.
Step 2:
Determine the total value of the plaintiff’s damages without factoring in the seat belt issue.
Step 3:
Estimate the damages that would have occurred even with a seat belt.
Step 4:
Subtract to calculate the “seat belt damages”—the extra harm caused by not buckling up.
The first is to decide what part of plaintiff’s injuries suffered in a rear-end accident would have been avoided if a seat belt had been used. The defendant has the burden of proving this. In deciding this, the jury must first determine the value of the total damages which plaintiff incurred.
Then, the jury must set the amount of the damages that would have been sustained in the accident if a seat belt had been used. The jury then subtracts that amount from the total damages actually sustained in order to obtain the so-called “seat belt damages.”
In cases where a plaintiff was severely injured, and his or her severe injuries could not have been avoided by the use of a seat belt, it is immaterial that some minor injuries could have been avoided by seat belt use. Therefore, if the negligent failure to wear a seat belt had no impact on the extent of the injury, the jury should cease to consider the seat belt issue. Put otherwise, it is only where the negligent failure to wear a seat belt increased the extent or severity of injuries, that a jury must then evaluate the impact of the failure to wear a seat belt.
Consult with a local NJ Law Firm immediately if you’re ever involved in a rear-end accident.
When Seat Belt Use Doesn’t Matter
If the severe injuries sustained in the crash would have occurred regardless of seat belt use, then the seat belt defense becomes irrelevant.
In these situations, the jury is instructed to ignore the seat belt issue entirely and focus solely on the main accident and the defendant’s role in causing it.
Summary: How the Seat Belt Defense Is Applied
Here’s the sequence of decisions the jury must make in a seat belt defense case:
- Calculate total damages without considering the seat belt.
- Determine the comparative fault of all parties in causing the accident.
- Decide whether the plaintiff’s non-use of a seat belt increased injury severity.
- Calculate the “seat belt damages” separately.
- Determine the plaintiff’s percentage of fault for the seat belt-related injuries.
- The court applies these percentages to reduce the final recovery amount.
Consult with a local NJ Law Firm immediately if you’re ever involved in a rear-end accident.
The Takeaway: Buckle Up
Juries get confused. Experts get hired. The defense will do everything possible to blame you for your own injuries—even if you didn’t cause the crash. Wearing a seat belt is not just about safety—it’s also a legal protection.
If you were injured in a car accident, don’t navigate the seat belt issue alone.
So, in sum, in seat belt defense cases, the jury and the court would apply the following equation:
(1) The jury determines total damages as if there were no seat belt issue at all.
(2) Next, the jury determines the comparative fault of each party in causing the accident and expresses those determinations in terms of a percentage.
(3) Next, the jury determines whether plaintiff’s non-use of a seat belt increased the extent or severity of plaintiff’s injuries and whether plaintiff’s non-use of a seat belt constituted negligence.
(4) Next, the jury determines plaintiff’s “seat belt damages.”
(5) Next, the jury determines the percentage of plaintiff’s comparative fault for the seat belt damages. The court should inform the jury that plaintiff’s fault for failure to wear a seat belt will be added to plaintiff’s fault, if any, in causing the accident to reduce further plaintiff’s award in an amount proportionate also to defendant’s relative fault in causing the accident.
(6) Finally, the court determines plaintiff’s recovery by molding the jury’s damages and negligence findings.
Got it? We think there is only one, easy lesson here: Wear a seat belt. If you do not and you are injured, you can expect the insurance company for the other side to hire an expert to say that it was your fault that your injuries were as bad as they were. Also, you can tell from the above that a jury can easily be confused by all of this and that could work to your detriment.
Did you or a loved one sustain serious injuries due to a rear-end accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing.
Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled injury attorneys at CourtLaw NJ Personal Injury Lawyers represent clients injured in accidents in Perth Amboy, Jersey City, New Brunswick, Roselle, East Orange, and throughout New Jersey. Call 732-442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market Street, Perth Amboy, NJ 08861 as well as offices in Jersey City, New Brunswick, Roselle, and East Orange.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
