The Seat Belt Defense
The seat belt defense is legal in New York and New Jersey, as well as in 13 other states. It is used by a driver who causes an accident and wants to reduce their legal liability and their insurer's financial liability for covering medical costs incurred by the injured party. If the injured party was not wearing a seatbelt at the time of the accident but should have been, the defense attorney will use expert witnesses to assess what the injuries would have been had the injured party been wearing a seatbelt. The injured party may, therefore, only claim compensation for what the injuries would have been not what they actually were.