If you’ve been in a car accident in Missouri and weren’t wearing your seat belt at the time of the collision, you may not even bother filing a claim to recover losses for the injuries you sustained. After all, won’t insurance companies blame you for what you’ve suffered since you weren’t following seat belt laws? As it turns out, the answer to that question can be somewhat complicated.
Missouri requires that all adult passengers sitting in the driver’s or passenger’s seat of a car wear their seat belts when the vehicle is moving. The law is not in place just to frustrate drivers or passengers, of course; it’s a life-saving regulation that can prevent you from experiencing catastrophic injuries. In 2024, 961 people lost their lives in Missouri traffic accidents, and of these, 62% weren’t wearing their seat belts.
But let’s say that you were running numerous errands, forgot to buckle up, and then got into an accident. That kind of mistake on your part will certainly impact your claim, but it doesn’t necessarily completely bar you from receiving compensation.
However, that doesn’t mean these companies won’t try to use the Missouri seat belt defense and minimize your claim by stating that you contributed to your injuries. It’s here where hiring experienced legal counsel from a Missouri car accident lawyer from Beck & Beck becomes essential.
What Is the Seat Belt Defense in Missouri?
The Missouri seat belt defense is a tactic that insurance companies (or a defendant’s attorney) could try to use to minimize a plaintiff’s claims. Because the state follows fault-based laws in addition to modified comparative negligence doctrines, proving that you contributed to your injuries can help insurance companies pay you less.
Comparative negligence means that your claim can be reduced if you hold a degree of fault for the accident or your injuries. Thankfully, Missouri is a pure comparative negligence state, which means that even if you’re 99% responsible for a collision, you can still recover some losses.
According to RSMo § 307.178, not wearing a seat belt can also be seen as a failure to mitigate damages. That’s only the case, however, if the insurance company can prove that not wearing it contributed to your injuries.
Missouri is one of the only states that allows the defendant to introduce evidence showing that the plaintiff wasn’t wearing a seat belt. Still, Missouri seat belt defense laws limit the level of fault you can be saddled with in these situations. You can only have a single percentage of fault attributed to you in these instances.
Getting Compensated for Injuries if You Weren’t Wearing a Seat Belt
Consistently, people who get into car accidents while they aren’t wearing seat belts suffer more significant injuries than their properly restrained counterparts. Even if your airbag deploys as necessary, you can still hit yourself against the window and other surfaces because your body won’t be held safely in place.
It’s much more likely to be ejected from the vehicle in accidents involving high speeds, as well, and you could also cause greater harm to passengers because you may be thrown against them in the collision. Any of these scenarios can result in traumatic brain injuries, spinal cord injuries, broken bones, and fatalities.
Furthermore, the impact can also be financial. If an insurance company can show that not wearing a seat belt contributed to your injuries, you will usually be assigned that aforementioned 1% of fault, as Missouri seat belt defense laws require. Your compensation will then be appropriately reduced. A single percent might not seem like a lot, but after you’ve suffered serious injuries, every bit of compensation can make a difference.
Seat Belt Laws for Truck Drivers in Missouri
If you drive a truck, knowing which (and how) Missouri seat belt defense laws apply to you is vital. Remember, state and federal laws work together with regard to regulating trucks to ensure that their drivers and everyone else on the road are safe.
Drivers of non-commercial trucks, such as pickup trucks and other vehicles that weigh less than 12,000 pounds, must wear seat belts just as any passenger car driver would. In some rural areas, seat belt usage might be less heavily pushed, but you can still be seen as violating state and federal laws if you go without wearing yours.
Commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA), which requires that all truck drivers, including semi-truck drivers, wear seat belts.
These rules apply regardless of the trucker’s age or experience level, vehicle weight, and seating position. And because Missouri enforces these federal regulations, any truck driver who doesn’t wear a seat belt can receive fines and even face disciplinary action that could put their license at risk and potentially rob them of their livelihood.
Who Is Exempt From the Seat Belt Law in Missouri?
Missouri seat belt defense laws and other similar provisions apply to nearly everyone. The state strongly encourages all vehicle drivers and passengers to wear seat belts, though it does also acknowledge that there may be circumstances where exceptions need to be made.
People who have medical conditions that make wearing a restraint difficult or painful are exempt, though they must have written documentation of their condition from a licensed physician.
People who may be eligible for these medical exemptions include those who have certain severe musculoskeletal problems, those with pacemakers, anyone with a condition of the breast, those with colostomies or ileostomies, or anyone with major deformities. Pregnant women may also be exempt.
Other people who may not need to use seat belts include mail carriers and delivery drivers, along with any other individuals who perform tasks that require very frequent stops. Drivers of vehicles manufactured before 1968 also might not be required to wear a seat belt, either, as many of these cars were not actually built to accommodate seat belt use. Agricultural workers operating work vehicles on private property also don’t need to wear seat belts.
Children, however, must be restrained, either in booster seats or with seat belts. The only exception to Missouri’s booster seat laws involves school buses made to carry 11 passengers or more.
Top-Rated Car Accident Law Firm in Missouri
After being in a car accident that results in injuries and fears that Missouri seat belt defense laws could be used against you, one of the most important steps you can take is to hire an attorney to represent you. With experienced legal counsel, you have a chance to fight the tactics that insurance companies may try to use to minimize your claim.
At Beck & Beck Missouri Car Accident Lawyers, our team has been assisting people throughout Missouri who have suffered losses as a result of another party’s conduct. We have dealt with numerous cases involving the Missouri seat belt defense and understand how difficult the entire legal process can be.
Our team is dedicated to helping you through the ordeal of an accident. We’re hands-on attorneys who will handle every aspect of your claim, all so that you have nothing to worry about but getting the medical care you need. We are highly communicative, as well, so you will never be left wondering how your claim is doing.
Above all, we treat each client with the compassion and respect they deserve. We know you’re so much more than the accident you’ve been involved in or any kind of mistake the insurance companies might try to pin you to. Contact our team of car accident lawyers to schedule a free consultation and receive guidance on your Missouri seat belt defense case today.
