Can You Still Recover Compensation if You Were Not Wearing a Seatbelt?

You were not buckled in when the crash happened, and now you are wondering whether that single fact just cost you your entire case. It is a fair question, and the honest answer is more nuanced than a simple yes or no. South Dakota law treats seatbelt non-use differently than a lot of people assume, and understanding exactly how it works can save you from either giving up too early or walking into a claim with the wrong expectations.

The Short Answer Is Usually Yes

Not wearing a seatbelt does not automatically bar you from recovering compensation after a South Dakota crash. To be sure, failing to buckle up cannot be treated as contributory negligence, comparative negligence, or assumption of the risk. In plain terms, the fact that you were not wearing a seatbelt cannot be used to argue that the crash itself was your fault, or to say that you accepted the risk of getting hurt simply by riding unrestrained. Fault for causing the accident still depends on who actually caused it.

Where Things Get More Complicated

Here is the part that surprises people. Under SDCL 32-38-4, while seatbelt non-use cannot establish fault for the crash, it can still be introduced as evidence on the issue of mitigation of damages. That means the at fault party’s insurance company may try to argue that some of your specific injuries would have been less severe, or would not have happened at all, had you been properly restrained. This is not an automatic reduction. The party raising this argument generally has to present real evidence connecting the lack of a seatbelt to the specific injuries claimed, not just point out that you were unbuckled and assume the rest.

What This Actually Means for Your Claim

A few practical points tend to come up once seatbelt use becomes part of a case:

• The seatbelt issue applies to the severity of injuries, not to who caused the underlying crash
• Insurance companies often raise this argument early, sometimes before medical evidence has even been fully developed
• Expert or medical testimony is frequently needed to connect seatbelt non-use to a specific injury, rather than simply asserting it
• Every case depends heavily on its own facts, including vehicle type, speed, and the nature of the injuries involved

None of this means a claim is doomed simply because a seatbelt was not being used. It means the case may involve one more layer of argument that needs to be addressed with the right evidence.

Let Hoy Law Help You Sort Through the Details

If an insurance company is trying to use your seatbelt status to shrink your settlement, you do not have to accept their version of events without a real evaluation of the facts. Hoy Law represents injured drivers and passengers throughout South Dakota, including Sioux Falls, and our Sioux Falls car accident attorneys are ready to look closely at what actually happened in your crash. Reach out to our office so we can start reviewing your case.

Source:

sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=32-38-4