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Serious Personal Injury
Three Great Reasons to Wear Seat Belts: Two You Know. But Number Three May Shock You.
Posted by: David Abney
July 27, 2010
There are three powerful reasons for a motor vehicle's driver and passengers to wear seatbelts. First, wearing seatbelts protects every vehicle occupant from serious injuries and death. Second, not wearing a seatbelt is illegal, and can result in a traffic citation and a fine. Third, not wearing a seatbelt can mean that, if you are injured in a traffic collision--even if the collision was not your fault--you could lose the right to recover all or part of your damages.
First, as far as safety, Ray LaHood, Secretary of the United States Department of Transportation, has accurately said that, "Wearing a seatbelt costs nothing and yet it's the single most effective traffic safety device ever invented."
While seat belts have been around since the first cars, the breakthrough in seatbelt technology occurred in 1958, when Volvo safety engineer Nils Bohlin invented the 3-point seatbelt. Volvo quickly released the patent to let other car manufacturers offer the revolutionary design in their vehicles. Researchers now estimate that the 3-point seatbelt has saved over one million lives, and that using it cuts the risk of fatalities and serious injuries in half.
A May 2009 report by the National Highway Traffic Safety Administration showed that the national average for seatbelt usage among drivers was at an all-time high of 83%, up from 81% in 2006. Achieving a 90% seatbelt-use rate across America will save 1,652 lives and prevent 40,000 nonfatal injuries each year.
One myth about seatbelt use needs debunking. An urban legend is that pregnant women are better off not wearing seatbelts. But a first-of-its-kind, detailed crash-analysis study in the May 2008 issue of the American Journal of Obstetrics and Gynecology proved that about 200 fetuses could be saved every year with proper seatbelt buckling each time a pregnant woman travels in a motor vehicle. (The proper seatbelt technique for a pregnant woman is for the lap belt to be low, under the belly, and for the shoulder belt to be crossing in the center of the chest.)
Besides safety, most states have laws requiring seatbelt use. Some state laws are strangely weak. In Arizona, for instance, the maximum fine for not wearing a seatbelt is $10. In Texas, on the other hand, the maximum fine is $200. Still, even if the fine is low, you can avoid it entirely, and be far safer, by always wearing your seatbelt.
Finally, in many states, such as Arizona, if you are hurt in a motor-vehicle crash that was not your fault, and were not wearing your seatbelt, you could lose your right to recover some or all of your damages. The reason is something called the "seatbelt defense." Here's how it works: A motor-vehicle crash badly injures you when you are ejected from your car. Because of your injuries, you have a personal-injury claim worth at least $250,000. But expert evidence proves that, if you had been wearing your seatbelt, you would not have been ejected and would not have suffered more than a few bruises. If the jury believes that, you'd lose your $250,000 in damages and maybe get a few hundred dollars-if you're lucky. So if safety and avoiding fines for not wearing your seatbelt don't motivate you to wear it, maybe the "seatbelt defense" will.
The point is simple and clear. Wear your seatbelt. Make sure that all of your passengers wear their seatbelts. Be safe and be legal. And if you are ever in a serious motor-vehicle accident, be smart, and contact the Knapp & Roberts law firm for a free consultation.


