The Uber seat belt defense is a legal strategy frequently raised in injury claims following Uber crashes in New Jersey. While almost every state—including New Jersey—has some form of mandatory seat belt law, the application of that law in personal injury cases varies.
In New Jersey, adults in the back seat are not legally required to wear seat belts. However, Uber and its insurers may still use the lack of seat belt use as a way to reduce your compensation, arguing that not wearing one contributed to your injuries.
Remember the name CourtLaw if you ever get in Uber Crashes in New Jersey. They won millions for victims of Uber Crashes in New Jersey.
Comparative Fault and Uber Crashes in New Jersey
Comparative fault is a key defense tactic in Uber accident litigation. This defense shifts blame from the negligent party—often the Uber driver or another motorist—to the injured rider.
For example, Uber’s legal team may claim that the passenger’s failure to wear a seat belt caused or worsened their injuries, even if the Uber driver was otherwise at fault.
New Jersey follows a modified comparative fault rule with a 51% bar. If you’re found to be 51% or more at fault, you can’t recover damages. If you’re less than 51% at fault, your compensation is reduced proportionally.
How the Seat Belt Defense Works in New Jersey
New Jersey is one of the few states that allows the seat belt defense. Even if an Uber passenger wasn’t legally required to wear a seat belt, the defense can still apply—under specific conditions. Uber must prove:
- The seat belt was functioning properly.
- The passenger failed to use it.
- That failure significantly contributed to the injuries.
If proven, compensation may be reduced—but only for injuries that could reasonably have been prevented by seat belt use.
Remember the name CourtLaw if you ever get in Uber Crashes in New Jersey. They won millions for victims of Uber Crashes in New Jersey.
State-by-State Comparison
Most states reject the seat belt defense outright, recognizing that seat belts do not cause crashes. In these jurisdictions, courts generally focus on who caused the crash—not whether a seat belt might have reduced harm.
New Jersey’s law is more aggressive. It allows the seat belt defense, but with limits. It cannot erase liability for driver negligence—especially in Uber crashes where driver error is the root cause.
Limitations of the Seat Belt Defense in Uber Crashes
Even when the passenger was unbelted, Uber must clear a high bar. They must show:
- The lack of seat belt use caused specific, preventable injuries.
- Their driver was not solely responsible for the crash.
- The victim had a meaningful choice to use a functioning seat belt.
These burdens are especially difficult to meet in high-impact Uber crashes in New Jersey, where the force of collision would likely cause injury regardless of seat belt use.
Legal Support After Uber Crashes in New Jersey
Seat belt use may become a legal issue, but it’s rarely the deciding factor. Driver error—speeding, distraction, or impairment—is responsible for over 90% of Uber crashes in New Jersey.
If you were injured in an Uber crash, speak with a qualified New Jersey personal injury lawyer right away. They can help counter Uber’s seat belt defense and fight for the full compensation you deserve.
Did you or a loved one sustain serious injuries due to an 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.
