You're on the highway heading home from work when your worst fear becomes reality: an 18-wheeler sideswipes you, sending your car spinning into the median. Bruised and shaken, you realize you were not wearing a seatbelt. Will this affect your compensation?
At Finney Injury Law, we understand the panic that comes with being hurt in a crash, especially when you're not sure how the details will impact your case. Take a breath. Our experienced St. Louis truck accident lawyers are here to walk you through what Missouri law says about seatbelt use and truck accident compensation. Here’s what you need to know.
How Does Seatbelt Use Affect Truck Accident Cases in Missouri?
Missouri uses a pure comparative fault system for injury cases. This means that the compensation you can recover gets reduced by your percentage of fault for the crash. However, unlike in some states, you don't lose your right to compensation entirely if you're partially to blame.
For example, suppose a jury finds that you're 30 percent responsible for an accident. If your damages total $100,000, you could still recover $70,000 from the at-fault parties.
Understanding Missouri's Seatbelt Laws
Missouri law requires all front-seat passengers to wear a seatbelt. Children under 16 must wear a seatbelt in rear seats as well. Under Section 307.178 of the Missouri Revised Statutes, failing to wear a seatbelt is not considered evidence of contributory negligence and cannot be used to reduce damages in a civil lawsuit. However, your compensation may still be reduced if the other side can prove that not wearing a seatbelt contributed to your injuries.
In other words, if another driver causes a crash, they cannot legally argue that your injuries are partly your fault for not wearing a seatbelt. But they can claim that your injuries might have been less severe if you had worn a seatbelt.
Seatbelts Save Lives But Don't Cause Crashes
It's important to remember one key fact: while wearing a seatbelt can reduce injury severity in a wreck, failing to wear one doesn't actually cause collisions. In most truck accident cases, the truck driver or trucking company is primarily responsible due to factors like:
- Drowsy or distracted driving
- Speeding or aggressive maneuvering
- Improperly loaded or oversized cargo
- Inadequate truck maintenance
- Negligent hiring or training practices
So while seatbelts are always a wise choice for safety, not wearing one doesn't prohibit you from recovering if someone else caused the crash. An experienced St. Louis truck accident lawyer can help determine how much you're owed.
What Compensation Can I Recover After a Truck Crash in St. Louis?
Truck accident victims can typically seek reimbursement for the following economic damages:
- Current and future medical bills
- Lost wages from missed work
- Reduced future earning capacity
- Property damage to the vehicle
Your attorney will help calculate the total value of your economic damages, adjusting for your determined percentage of fault.
Non-Economic Damages: Your Emotional Suffering
You may also be entitled to compensation for non-monetary losses, like:
- Physical pain and suffering
- Mental and emotional anguish
- Disability or disfigurement
- Loss of enjoyment of life
Because non-economic damages are harder to quantify, having a skilled lawyer is crucial for negotiating a fair settlement or arguing for their value in court.
Protecting Your Rights: How a Lawyer Can Help
At Finney Injury Law, we're dedicated to helping truck accident victims across the St. Louis area stand up to big trucking companies and insurers. Our attorneys have decades of combined experience handling complex injury claims, and we know how to maximize your compensation even in cases involving seatbelt non-use.
When you work with our firm, you get a dedicated legal team that will:
- Thoroughly investigate the cause of your crash
- Gather evidence of the defendant's negligence
- Document the full extent of your injuries and damages
- Consult with medical and financial experts to calculate your case value
- Aggressively negotiate with insurance companies for a fair settlement
- Take your case to trial if needed to demand justice
We understand the immense physical, emotional, and financial strain a serious truck accident can cause. That's why we offer free consultations and handle cases on a contingency basis. You focus on healing. We'll take care of everything else.
If you've been hurt in a truck crash without a seatbelt, don't assume it's hopeless. The compassionate St. Louis truck accident lawyers at Finney Injury Law are here to discuss your legal options, protect your rights, and seek the compensation you deserve.