The Seatbelt Defense Myth: Why Not Wearing a Seatbelt Doesn't Excuse an At-Fault Driver in Alabama

The Insurer's Favorite Excuse

After a serious crash in Birmingham, an insurance adjuster may look for any detail that can shift the blame. One common tactic is claiming that not wearing a seatbelt means an injured person can’t recover personal injury compensation.

But that’s not what Alabama law says. While Alabama requires seatbelt use, failure to wear one doesn’t excuse another driver’s negligent conduct or automatically prevent an injured victim from pursuing a claim. When you’re in an accident and you weren’t wearing your seatbelt, make sure to contact an experienced Birmingham car accident lawyer for advice.

Understanding Alabama's Strict Contributory Negligence Rule

Alabama follows a strict contributory negligence rule. If an injured person is found even 1% responsible for causing the accident, they may be prevented from recovering damages. This makes contributory negligence Alabama law an important issue in injury claims. 

However, not wearing a seatbelt isn’t the cause of a collision. Accidents are caused by speeding, distracted driving, running a red light, driving under the influence, unsafe lane changes, and other negligent behaviors. 

Insurance adjusters may try to argue that a victim without a seatbelt contributed to their injuries. But Alabama’s car accident fault rules specifically address seatbelt non-use.

Alabama Code § 32-5B-7

Alabama Code § 32-5B-7 contains important information for accident victims. It states that failure to wear a seatbelt can’t be considered evidence of contributory negligence and does not limit an insurer’s liability. 

An insurance company can’t lawfully reduce its liability because you weren’t wearing a seatbelt. An experienced lawyer can challenge attempts to improperly introduce seatbelt use in your claim. 

However, Alabama requires seatbelt use. Under Alabama Code § 32-5B-4, occupants of passenger cars must wear properly fastened seatbelts while the vehicle is moving, subject to statutory exceptions. This traffic requirement is separate from determining liability for a crash.

How Spellen Law Protects Your Claim

Spellen Law can:

• Help fight early claim denials or lowball offers.

• Investigate and prove the defendant driver acted recklessly. 

• Work with medical experts to document physical injuries, lost wages, and pain/suffering caused by the negligent party. 

FAQs

Can an insurer deny my Alabama accident claim if I was not wearing a seatbelt?

No. Seatbelt non-use can’t be used as evidence of contributory negligence or to limit insurer liability under Alabama law.

Will not wearing a seatbelt reduce the amount of money I can receive in a settlement?

No. Insurance adjusters may attempt to claim your injuries are worse due to not wearing a seatbelt, but Alabama statutes prevent them from reducing compensation for those reasons.

Does Alabama law require passengers to wear seatbelts?

Yes. Alabama seatbelt law generally requires occupants of passenger cars to wear seatbelts, subject to exceptions. 

What should I say if an insurance adjuster asks if I was buckled up during the crash?

Avoid giving a recorded statement before speaking with an attorney. If you need insurance claim denial help, legal representation can communicate with the insurer.

How long do I have to file a personal injury claim after a car accident in Birmingham?

Alabama provides two years for actions involving personal injury caused by negligence according to Alabama Code § 6-2-38.

Contact Spellen Law Today

Not wearing a seatbelt doesn’t give a negligent driver or insurer a free pass to ignore your injuries. If an insurer is attempting to use seatbelt non-use against you, contact Spellen Law today at 205-820-9474 to speak with a Birmingham car accident lawyer who knows how to fight back.