Uber Crashes and the Seat Belt Defense

Every state, except New Hampshire, has a mandatory seat belt law. Exact provisions vary slightly in different states. For example, New Jersey’s version of the seat belt law doesn’t require back seat adult passengers to buckle up (except young children in safety seats).

Most states, including New Jersey, recognize the seat belt defense, which is usually an offshoot of the comparative fault defense. The provisions in these laws vary significantly. New Jersey’s version of the seat belt defense is very complex. Additionally, the defense could apply to adult back seat Uber passengers who aren’t legally required to wear seat belts. More on these things below.

Comparative fault may be the most common defense in Uber car crash cases. So, a Morris County personal injury lawyer must be prepared to refute this defense, either formally in court or informally during pretrial settlement negotiations. Houses built on strong foundations keep standing when the winds blow and the waves come. Houses built on weak foundations fall apart.

The Seat Belt Defense and Comparative Fault

Before we break down the seat belt defense, we should discuss comparative fault, the overall principle that applies in these cases.

This legal rule essentially shifts blame for an Uber accident from the tortfeasor (negligent driver) to the victim. For example, Uber’s lawyers might argue that Velma Victim’s excessive speed, as opposed to Tom Tortfeasor’s excessive fatigue, substantially caused the wreck.

In most courts, Uber’s lawyers must first convince the judge they’re right. Then, they must make the same argument to the jury. If jurors buy the defense, they must divide responsibility on a percentage basis (e.g. 80-20).

New Jersey, like most other states, is a modified comparative fault state with a 51 percent threshold. So, if the tortfeasor was at least 51 percent responsible for an Uber crash, the victim is entitled to a proportionate share of damages.

These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Other modified comparative fault states have a 50 percent threshold. That tiny 1 percent makes a big difference. Frequently, if jurors don’t immediately agree on a percentage distribution in these cases, they throw up their hands and divide fault straight down the middle, 50-50. In New Jersey (51 percent bar), victims receive nothing in these cases.

Other states have significantly different comparative fault laws. For example, neighboring New York is a pure comparative fault state. Even if a victim is 99 percent responsible for a crash, a tortfeasor must pay a proportionate share of compensation.

New Jersey’s Seat Belt Defense

Passengers can contribute to car crashes, even though they have no direct control over any vehicle involved in the wreck. 

Passenger distraction could be a factor in a car crash. The driver could be distracted by events transpiring in the back seat. In many ways, passenger distraction is a “chicken or egg” thing. Did the ruckus cause distraction, or, as a South Jersey personal injury lawyer would probably argue, was the driver’s lack of concentration the main problem?

A passenger’s failure to wear a seat belt, regardless of the legal requirement to buckle up, is a more common form of passenger comparative fault.

Most state courts don’t allow defendants to use the seat belt defense. Wearing a seat belt, or not wearing one, usually has nothing to do with fault for the accident, the crux of the comparative fault defense. Furthermore, personal injury victims don’t have a duty to mitigate (voluntarily reduce) their damages before a crash. Vehicle occupants don’t have to wear crash helmets, fireproof suits, or seat belts.

New Jersey is one of the exceptions. The seat belt defense is a viable theory in personal injury cases. If a functioning seat belt was available and a victim wasn’t buckled up, Uber can use those facts in court to reduce the victim’s recovery, according to the comparative fault formula outlined above, but only for those damages avoidable by the use of a seat belt.

Proof Issues

Let’s break down those proof issues individually. The availability, or lack thereof, of a functioning seat belt is the first one up.

In just the first three months of 2025, manufacturers recalled about a half-million vehicles due to seat belt issues. Most of these vehicles were manufactured before 2024, which means they’re probably on the used car market. Manufacturers only send recall notices to record (original) owners. So, people driving Fords, Toyotas, and other seat belt recalled-vehicles may know nothing about the problem.

Individual seat belt issues, generally a problem with the buckle, are even more common. The buckle might be completely nonfunctional or so difficult to operate that the passenger gives up.

Why is this important? The seat belt defense is an affirmative defense. Uber has the burden of proof to establish that the seat belt was in good, working order.

Next up is proving the victim’s failure to wear a seat belt. This element is normally straightforward, unless a partially defective seat belt flew open during a crash. This element is also difficult to establish if the victim was thrown from the vehicle. 

The final area (only for those damages avoidable by the use of a seat belt) is the big one. Basically, Uber’s lawyers must prove that the victim’s failure to wear a seat belt, as opposed to the driver’s negligence, substantially caused the victim’s injuries.

To a North Jersey personal injury lawyer, substantial cause usually means but-for cause, as in the crash wouldn’t have happened “but for” a certain event. Passenger failure to wear a seat belt has nothing to do with the cause of a crash, at least in most cases. Driver error causes over 90 percent of the Uber crashes in New Jersey.

Even if Uber establishes all these elements, and that’s a big “if,” comparative fault usually only reduces compensation in a car crash case, as outlined above.

We should close with a clarification. The seat belt defense is difficult to prove in New Jersey. But we strongly urge everyone to buckle up on every trip. It takes about three seconds to buckle up. That meager investment of time could make a huge difference to you and your family.

Reach Out to a Thorough Bergen County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Newark, contact CourtLaw. We routinely handle matters throughout the Garden State.