If you’ve been injured in a motor vehicle accident and were not wearing your seatbelt, you may be tempted to conclude you have no personal injury case/that your injuries are your own fault. While your lack of seatbelt could affect the amount of compensation you recover, it does not bar you from bringing a valid claim for damages.
Wisconsin’s Seatbelt Laws
Under Wisconsin law, drivers and passengers are generally required to wear seatbelts while riding in a motor vehicle. Failing to do so can result in a citation. It can also become an issue in a personal injury case. Insurance companies frequently look for any reason to reduce the value of a claim. If you were not wearing a seatbelt, they may argue that your injuries would have been less severe had you been properly restrained, or even that your injuries are exclusively the result of your lack of seatbelt.
Can You Still Recover Compensation?
Yes. Wisconsin law does not prevent an injured person from recovering damages simply because they were not wearing a seatbelt. In fact, the person who caused the accident can still be held responsible for the crash itself. However, Wisconsin law allows a jury to consider whether the failure to wear a seatbelt contributed to the severity of the injuries. Importantly, the law limits how much your compensation can be reduced for not wearing a seatbelt.
The “Seatbelt Defense” in Wisconsin
Wisconsin follows a specific rule regarding seatbelt use in injury claims. Under Wis. Stat. § 347.48(2m)(g), evidence that someone failed to wear a seatbelt may only reduce damages by a maximum of 15%. That means even if the defense proves that your injuries were made worse by not wearing a seatbelt, your compensation cannot be reduced by more than 15% for that reason alone.
For example:
- If your damages are valued at $100,000, the maximum reduction for failing to wear a seatbelt would generally be $15,000.
- You could still recover the remaining $85,000.
This law exists to ensure the person who caused the accident is held responsible for causing the collision in the first place.
Insurance Companies Often Overstate the Issue Insurance adjusters sometimes try to convince injured people that not wearing a seatbelt destroys their case. That is simply inaccurate under Wisconsin law.
In many cases:
- A seatbelt would not have prevented the injuries;
- The crash was severe enough that serious injuries would have occurred anyway; or
- The defense cannot adequately prove what injuries would have been avoided.
If any of the above apply, the seatbelt defense may not operate to reduce damages at all.
These cases often require medical experts, accident reconstruction analysis, and experienced legal advocacy to properly evaluate the true impact of seatbelt use, or lack thereof.
Comparative Negligence Still Matters
Wisconsin also follows a comparative negligence system. This means your compensation may be reduced if you were partially at fault for the accident itself. For example, if you were speeding or distracted at the time of the crash, those facts may also affect your recovery independently from the seatbelt issue.
An experienced personal injury attorney can help separate:
- fault for causing the accident, and
- allegations that certain injuries were made worse afterward due to lack of seatbelt use.
Those are legally distinct issues.
Do Not Assume You Have No Case
One of the biggest mistakes injured people make is failing to pursue a claim because they were embarrassed or worried about not wearing a seatbelt.
The reality is:
- you may still have a strong case,
- you may still recover substantial compensation, and
- the law specifically limits how much this issue can reduce your damages.
Every accident case is unique and should be evaluated based on its specific facts, medical evidence, and legal issues.
Contact an Experienced Wisconsin Personal Injury Attorney
If you were injured in a Wisconsin car accident, do not assume you are without legal options because you were not wearing a seatbelt. Insurance companies often use this issue to minimize claims, but Wisconsin law provides important protections for injured victims.
An experienced Wisconsin personal injury attorney can evaluate your case, explain your rights, and help pursue the full compensation available under the law.
