To establish safety on the roads and minimize injuries, Wisconsin has strict seatbelt rules in place. The law makes it mandatory for all drivers and passengers to wear seatbelts. If one is found without it, that can lead to legal consequences. If you are found to be in an accident and you were not wearing safety belts, that could be disadvantageous for you.
When you do not follow the traffic rules, it puts you up for failure and the other party for success. The insurance company could argue that some percentage of your injuries might have been due to you not wearing the seatbelt. If you are stuck in a similar situation or have been through an accident, consult with an experienced Wisconsin auto accident lawyer today.
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What does the law in Wisconsin say about seatbelts?
In Wisconsin, all drivers and passengers over the age of four are required to wear seat belts when travelling in a motor vehicle. It is important to know that this applies to everyone driving in the state, whether they are a resident or non-resident.
Penalties and fines
If you are caught driving in Wisconsin without a seat belt, the traffic police officers have the right to stop you and give you a ticket for violating the law. The penalty for not wearing a seatbelt for drivers and passengers under the age of 16 is $10.
If you have unrestrained children under four, the fine ranges from $30 to $75. Children four to eight years old have fines between $10 and $25.
Additional child safety requirements
There are additional child safety rules. They state that any children under the age of four must be properly restrained and seated in a child safety seat. The law says that the seat must be chosen according to the age and size of the child.
How is seatbelt defense used in Wisconsin car accidents?
In Wisconsin, the seatbelt defense is used by the at-fault party in a car accident to argue that the victim’s injuries were contributed by the fact that they were not wearing their seatbelt. They might say that the victim’s injuries would been avoided or less severe had they worn the seatbelt at the time of the accident.
If the other party uses this defense, they can significantly reduce your chances of getting fair compensation. This defense conveys that you acted negligently and, thus, reduces the amount of damages you can claim. However, the good news is that Wisconsin law limits the reduction of damages due to not wearing seatbelts to a maximum of 15%.
For example, if you are entitled to $10,000 worth of damages, you will receive only $8,500, as the 15% of $10,000 is $1,500.
Are there any exceptional cases where the seatbelt defense may not apply?
While seatbelt defense is a common strategy used by insurance companies to reduce compensation, there are a few situations where that may not apply.
The biggest example of where the seatbelt will not apply is if the vehicle has malfunctioned. If there was something wrong with your car that prevented the use of the seatbelt, the defense may not work. However, you will have to prove that your vehicle has malfunctioned.
Another example is where the accident was unexpected and could not have been avoided, even with the use of seatbelts. This can occur in rear-ended accidents when you stop at a red light. The plaintiffs can also protect themselves if they can establish that they have a medical condition that prevents them from wearing a seatbelt.
Don’t let them blame you!
The aftermath of a car accident can be very complicated and scary, especially if you do not understand the laws. Instead of stressing out, let an expert help you. Hire an attorney in Wisconsin today!