It has been almost fifty years since the seat belt requirement was introduced in the Netherlands, but not wearing a seat belt remains a pressing problem on our roads. As a personal injury lawyer at MCJ Advocatuur, I would like to highlight the legal implications of not wearing a seat belt in this article.
The Legal Aspects
The introduction of mandatory seat belts in 1975 brought an important change in road safety, but despite this there are still people who choose not to wear a seat belt.
Wearing seat belts can be vital in traffic accidents. Unfortunately, recent research shows that a significant number of road traffic victims were not wearing a seat belt at the time of the accident. This not only has consequences for the safety of the occupants, but also for the legal handling of the incident.
According to recent findings, more than thirty percent of motorists who died in a traffic accident in 2019 were not wearing a seat belt. These figures emphasize the importance of complying with the seat belt requirement, which has been in force in the Netherlands for almost fifty years. The obligation to wear seat belts applies not only to the front seats in cars, but also to passengers in the back seats and even in coaches.
Failure to comply with the seat belt requirement can not only lead to serious injury or death in a traffic accident, but also has legal consequences. In personal injury claims following a traffic accident, not wearing a seat belt can influence the amount of compensation. For example, it can lead to a reduction in compensation, known as a seat belt discount, whereby the liable party only has to pay part of the compensation.
It is important to emphasize that wearing seat belts not only increases safety, but also strengthens the legal position of victims when recovering personal injury damages. By complying with the seat belt requirement, drivers and passengers can protect themselves against serious consequences and ensure that they are fully compensated for any damages following a traffic accident.
Insurance claims
Not wearing a seat belt can complicate insurance claims in the event of injury in a road traffic accident. Insurance companies may argue that the injuries may have been less severe if the victim had been wearing his or her seat belt, which could result in reduced reimbursements for medical bills and other damages.
Liability in the event of Accidents
In cases where a traffic accident is caused by another driver and the victim was not wearing a seat belt, it can be disputed that the damage to the extent that it was suffered was (entirely) caused by the accident. The liable party can argue that the injury might have been less serious if the victim had worn the seat belt. Part of the damage may then remain at the expense of the victim as his own fault.
Burden of proof and personal injury claims
When submitting a personal injury claim after a traffic accident, wearing a seat belt is an important aspect of the burden of proof. Failure to comply with the legal obligation to wear a seat belt can weaken the legal position of the victim and reduce the chance of a successful claim for damages.
Read more about recent legal developments regarding personal injury claims in the article about the Recent Supreme Court Ruling: Legal Impact on Personal Injury Claims. This article provides insight into recent court decisions relevant to personal injury claims following road traffic accidents.
Conclusion
Wearing a seat belt is not only essential for your own safety, but can also have significant legal consequences in the event of a traffic accident. If you have been the victim of a traffic accident and have questions about your legal rights and options, please contact MCJ Advocatuur immediately for expert advice and assistance.
Source: Wearing seat belts: we have been doing it almost automatically for almost fifty years