Reviewed by Larry Forman, Attorney.
Kentucky law requires drivers and passengers to buckle up, and insurers know it. If you weren’t wearing a seat belt when someone else caused your crash, expect the other driver’s insurer to bring it up. But not wearing a seat belt doesn’t mean you lose your claim. Here is how Kentucky handles it.
What Kentucky’s seat belt law says
Kentucky requires the driver and all passengers in most passenger vehicles to wear a properly adjusted and fastened seat belt, with some exceptions (KRS 189.125(6)). The same statute says that failure to wear a seat belt “shall not constitute negligence per se” (KRS 189.125(5)). In other words, not buckling up isn’t automatically treated as negligence in your injury case.
Children are treated differently: failure to use a required child restraint or booster seat can’t be used as contributory negligence or admitted as evidence in a civil trial (KRS 189.125(5)).
The seat belt defense in Kentucky
In Wemyss v. Coleman, 729 S.W.2d 174 (Ky. 1987), Kentucky’s Supreme Court held that a defendant may ask the jury to consider a plaintiff’s failure to wear an available seat belt, but only with competent evidence that it was fault under the circumstances and a substantial factor in causing or enhancing the injuries. Speculation isn’t enough. To see how a jury splits fault in general, read how fault is determined in a Kentucky car accident.
- The other side usually needs medical or engineering testimony connecting the missing belt to specific injuries.
- The question is whether the belt would have prevented or reduced your injuries, not whether it caused the crash.
- If the jury agrees, it assigns you a share of fault, which reduces your recovery under Kentucky’s pure comparative fault rule (KRS 411.182).
Injuries a seat belt wouldn’t have prevented
Many injuries happen whether or not a belt is worn, such as some leg and foot injuries in frontal crashes, injuries from side impacts and whiplash in rear-end crashes. In those cases, the seat belt argument may carry little weight. See T-bone accidents and rear-end collisions.
Your PIP still pays
Unless you rejected it in writing, your own PIP (personal injury protection) coverage pays up to $10,000 of medical bills and lost wages regardless of fault. See how Kentucky PIP works. Seat belt use doesn’t change your PIP benefits.
Defective seat belts
Sometimes a person was buckled in and the belt failed: it unlatched, the webbing tore or the retractor didn’t lock. That can be a product liability claim against the manufacturer. See product liability and rollover accidents.
What to do
- Be honest with your doctors and the police about whether you were belted.
- Don’t discuss seat belt use with the other driver’s insurer before getting advice.
- Save the vehicle if possible; belt components can show whether a belt was in use or failed.
- Talk with a lawyer about how the seat belt issue affects your specific injuries.
Deadlines
Most Kentucky motor vehicle injury claims must be filed within two years of the crash or the last PIP payment, whichever is later (KRS 304.39-230). Use our statute of limitations calculator.
Talk with us
The seat belt defense is one of many arguments insurers make. We look at the medical evidence and the crash itself to answer it. Larry Forman has tried 50+ jury trials, and we prepare every case as if it may go to trial. See our car crash lawyer page and what to do if you were partly at fault.
Seat belt and car accident claim FAQs
Can I sue if I wasn’t wearing a seat belt in Kentucky?
Yes. Not wearing a seat belt isn’t negligence per se in Kentucky. The other side may argue it made your injuries worse, but it must prove that with real evidence.
Will not wearing a seat belt reduce my settlement?
It can, if the insurer can show the missing belt was a substantial factor in causing or worsening your injuries. It depends on the injuries and the crash.
Does PIP cover me if I wasn’t wearing a seat belt?
Yes. PIP pays regardless of fault, and seat belt use doesn’t change that.
Is the insurer blaming your seat belt?
Let us look at the evidence. The consultation is free. Get a free case evaluation or call (502) 931-6788.
This post is general information about Kentucky law, not legal advice. Every case is different.
