The basis for an injury claim after a car accident is based upon negligence (a driver’s failure to meet a standard level of care while on the road). The plaintiff would have to argue that the defendant both failed to meet their basic responsibilities as a driver and that this failure resulted in injury for the plaintiff.
However, failure to wear a seat belt can be argued as negligent behavior. If the defending party can establish that the plaintiff’s own negligence—in this case, not wearing a seat belt—contributed to the injuries, then they will be held responsible in court.
Even if it is proven that the defending driver’s negligence caused the accident, details regarding the plaintiff’s seat belt can affect the case. Some judges may choose to split the fault 50/50, where the defense would pay for 50 percent of the damage caused.