John Whitcroft Solicitor - Seat belts

You may be worried about claiming compensation if you are involved in a road traffic accident where you were not wearing your seat belt at the time of the accident.  Failure to wear a seat belt will not prevent you from claiming.  In the leading case of Froom –v- Butcher [1975] 3 All ER 520 it was decided that the following deductions should apply for failure to wear a seat belt:

  1. There would be no deduction where the use of a seat belt would not have made any material difference to the injuries suffered.  In other words even if you had worn a seat belt you would still have suffered the same injuries, then there will be no deduction from your compensation. 
  1. Where you would not have been injured or would have suffered almost no injury had you worn your seat belt, your compensation will be reduced by 25%.
  1. In other cases where you would still have been injured but the injury is more severe because of failure to wear the seat belt then your compensation will be reduced by 15%. 

If therefore you were not wearing your seat belt at the time of the accident you can still bring a claim. 

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