Why you should wear a seat belt.

Wearing a seatbelt makes a significant difference in a motor vehicle accident and can reduce the chances of death or serious injury by 52%. Conversely, 36% of fatally injured drivers and 38% of fatally injured passengers were not wearing seat belts at the time.

Here at Grillo Law we highly recommend all clients and readers to always wear their seatbelts and to encourage other passengers in the car to do so as well. As a general principle, buckling up is quick, easy, and painless. The costs of failing to put on a seat belt outweigh any potential minor inconveniences by an overwhelming amount. Many people recognize this and fortunately the province of Ontario can report that it has achieved 96% seatbelt usage throughout the province.
Using the data available from Transport Canada, the statistics show that not wearing a seatbelt is positively correlated to a higher risk of driver and passenger fatalities and serious injuries in a motor vehicle accident. This was especially serious in 2011, 2012, and 2013, where the percentage of drivers and passengers killed in accidents due to not wearing a seatbelt was around 36-38%, respectively.

Liability of not wearing a seatbelt

Wearing your seatbelt is required by law in nearly all instances of operating or travelling in a passenger motor vehicle (notwithstanding buses and public transport). You can be found legally liable if you did not wear your seatbelt, or if, as a driver, you did not ensure that all passengers under the age of 16 were properly belted. Under the Ministry of Transportation rules, you can face serous fines if you or a passenger in your vehicle is not wearing a seatbelt. The fines range from $200 to $1000 and you will receive two demerit points on your driving record.
In conclusion, we highly recommend and implore that all drivers and passengers wear their seatbelts. Wearing a seatbelt can literally save your life.

What happens if you were not wearing a seatbelt and were injured in an accident?

You may still have a case and your right to sue for personal injuries should be preserved! If you were injured while not wearing a seatbelt, we recommend that you consult with one of our experienced legal professionals immediately. Read more about legal support in case of car accidents.
Generally, victims will be penalized for not wearing their seatbelt and this is known as “contributory negligence”. This means that any award for damages sustained will be reduced by the amount of contributory negligence attributed to the Plaintiff(s).
The court in the case of Snushall v Fulsang considered several factors when determining what percentage of contributory negligence should be attributed to the Plaintiff for failing to buckle up. The court said that contributory negligence in these cases could range from 5-25%. The main factor the court will consider is whether or not wearing the seatbelt could have prevented or minimized the injury(s) sustained in the accident. If the injury could have been avoided had the Plaintiff been wearing their belt, as much as 25% contributory negligence could be placed on the Plaintiff. This would result in a 25% reduction of the Plaintiff’s total award.
In contrast, if the injuries resulting from an accident would have occurred regardless if the belt was worn or not, as in the case Coulter v Ball, the amount of contributory negligence on the Plaintiff would be 0%.
Regardless of the legal consequences of not wearing your seatbelt, you should always buckle up!