--- title: Will Your Seatbelt Usage Impact Your Lawsuit? description: Some people may worry that their seatbelt usage, or lack thereof, could turn out to be the deciding factor in their lawsuit. image: http://www.spinalcord.com/hubfs/img/Will%20Your%20Seatbelt%20Usage%20Impact%20Your%20Lawsuit%20Blog%20IMG.png --- [![spinalcord logo desktop](https://www.spinalcord.com/hubfs/Logos/spinal-cord_png.png) ![spinalcord logo mobile](https://www.spinalcord.com/hubfs/Logos/spinal-cord-white_png.png) ](https://www.spinalcord.com/) MENU ** ![spinal cord logo slide out mobile](https://www.spinalcord.com/hubfs/Logos/spinal-cord_png.png) ** [![Dale Swope](https://www.spinalcord.com/hs-fs/hubfs/dale-img-min.jpg?width=100&name=dale-img-min.jpg) The Purpose Behind Spinalcord.com ** Play Dale Swope's Story ](https://www.youtube.com/watch?v=C1kPXDw_CQU) [For Advice Call: (877) 336-7192 ](tel:8773367192) ![Spinalcord Logo](https://www.spinalcord.com/hubfs/Logos/spinal-cord-logo-icon-svg.svg) - [About](https://www.spinalcord.com/about-us) - 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Author: [Robert Yaniz Jr.](https://www.spinalcord.com/meet-our-authors) Publish Date: November 02, 2016 ![Will Your Seatbelt Usage Impact Your Lawsuit Blog IMG.png](http://www.spinalcord.com/hubfs/img/Will%20Your%20Seatbelt%20Usage%20Impact%20Your%20Lawsuit%20Blog%20IMG.png) A personal injury lawsuit may seem like a scenario that you will never have to face, but the fact that [250,000 people](http://www.sci-info-pages.com/facts.html) are dealing with a spinal cord injury -- many of which led to subsequent litigation -- puts it into perspective a bit. Anyone can find themselves in the unfortunate situation of seeking relief for some horrific incident caused at least in part by outside forces, especially when one considers that the vast majority of spinal cord injuries are [caused by vehicular accidents](https://www.spinalcord.com/blog/5-causes-of-spinal-cord-injury-that-could-lead-to-legal-action). Car accidents account for [more than 33 percent](https://www.nscisc.uab.edu/PublicDocuments/fact_sheets/Recent%20trends%20in%20causes%20of%20SCI.pdf) of these cases, and when it comes time to determine grounds for a lawsuit, one point that will likely be leveraged by the opposing side is whether a seat belt was securely fastened when the accident occurred. Dubbed the “seat belt defense” in some circles, this legal tactic is used by defending attorneys to shift blame in a personal injury case from the defendant to the plaintiff, thereby undermining the validity of the latter’s claims of wrongdoing. For example, if a defendant discovers that the injured party was not wearing his or her seat belt during the time that the accident took place, it’s far easier to deflect accusations onto the plaintiff. The question of blame for the incurred damage is then more in doubt, and some may worry that the lack of a seat belt could turn out to be the deciding factor in their case. Because [medical costs for serious injuries](https://www.spinalcord.com/blog/the-average-medical-cost-of-sci-from-a-car-accident) like a spinal cord injury can have a crippling effect on a family’s financial situation, mounting a case will often be viewed as a wise alternative to taking on the mountain of looming debt unassisted. If a third party played an integral role in that fateful incident, it’s within your right to pursue justice, and the question of seat belt usage shouldn’t scare you away from looking into the possibility of receiving some relief. To better understand your rights, perhaps we should delve into exactly what qualifies a case for a credible personal injury lawsuit in the first place. ## The Blame Game In order for a personal injury lawsuit to hold much water in court, the claim must fit into one of the two basic categories: [negligence](https://www.nolo.com/dictionary/negligence-term.html) and [faulty (or defective) products](http://definitions.uslegal.com/d/defective-product/). Each of these assert that an outside force was directly responsible for the accident that occurred, and they allow the plaintiff the opportunity to prove beyond a reasonable doubt -- whether they were wearing a seat belt or not -- that the resulting injuries were unavoidable on their own end. Negligence, for example, is the most common type of claim. This occurs when an individual fails to perform his or her duty, either through poor execution of their responsibilities or failure to perform them at all. When it comes to car accidents, the simplest version of this is reckless driving. So, if another driver blows through a red light and slams into another person’s vehicle, causing the latter to develop a brain or spinal cord injury, that first driver demonstrated negligence on the road, directly causing the damage. Likewise, faulty (or defective products) would instead be an instance in which some part of a person’s vehicle malfunctioned, and that’s when the accident happened. However, this must be a demonstrable defect in the vehicle itself and not simply an example of poor maintenance on the part of the driver, as that would again shift blame back onto the plaintiff. The manufacturer had to have overlooked some design or manufacturing flaw for faulty products to be the crux of a personal injury case, and the plaintiff’s claim would, of course, need to be illustrated thoroughly to support that. ## Fasten Your Seat Belt Although wearing seat belts whenever you find yourself in a vehicle is always a wise decision, the actual laws governing the requirement of doing so can vary greatly from state to state. Even in those states wherein wearing a seat belt is mandatory, most courts will not simply allow the absence of a secured seat belt to excuse fault from any third party that might be to blame for an ensuing injury. As they say, “two wrongs don’t make a right,” and the presence of a seat belt might not have prevented injury from occurring anyway. Again though, this is contingent on a number of factors that will depend on your specific case. So the “seat belt defense” doesn’t carry quite the weight it may have once held in personal injury cases. Don’t allow the worry about your seat belt keep you from exploring your options, as you very well still might be able to assemble a compelling case with the right attorney on your side. Moreover, it’s important to be ready for the possibility of a vehicular accident, as one can strike at any moment and without provocation. After all, there is [much to consider when an accident does occur](https://www.spinalcord.com/blog/what-to-do-after-a-car-accident). For more information about the current legal stipulations in your state, reach out to an attorney. It’s always a good idea to know your rights before the unfortunate situation arises where you may find yourself in court. [![Speak with Attorney About Recent Accident](https://no-cache.hubspot.com/cta/default/575040/a2b12cbb-11ba-43c8-9935-baa8cc768ee9.png)](https://cta-redirect.hubspot.com/cta/redirect/575040/a2b12cbb-11ba-43c8-9935-baa8cc768ee9) **Topics:** Accidents, Legal ### Stay Updated on Advancements On Traumatic Brain & Spinal Cord Injuries About the Author #### Robert Yaniz Jr. Robert Yaniz Jr. has been a professional writer for more than a decade, including print and online publishing. His experience includes writing various materials for the marketing communications department of a global law firm. [Learn More About the Author](http://www.robertyanizjr.com/) **Leave a Comment** [![New Call-to-action](https://no-cache.hubspot.com/cta/default/575040/dc8bc979-ba55-463a-9400-f92cbdebcb1a.png)](https://cta-redirect.hubspot.com/cta/redirect/575040/dc8bc979-ba55-463a-9400-f92cbdebcb1a) true ### Spinal Cord Injury - [Types of Spinal Cord Injuries](https://www.spinalcord.com/types-of-spinal-cord-injuries) - [Secondary Complications](https://www.spinalcord.com/secondary-complications-after-sci-spinal-cord-injury) - [Causes](https://www.spinalcord.com/signs-symptoms-of-spinal-cord-injuries) - [Symptoms](https://www.spinalcord.com/types-of-spinal-cord-injuries) - [Prognosis](https://www.spinalcord.com/prognosis-of-spinal-cord-injuries) - [Legal Help](https://www.spinalcord.com/spinal-cord-injury-legal-help-get-a-lawyer) ### Brain Injury - [Types of Brain Injuries](https://www.spinalcord.com/types-of-traumatic-brain-injury) - [Causes](https://www.spinalcord.com/causes-of-traumatic-and-acquired-brain-injuries) - [Symptoms](https://www.spinalcord.com/traumatic-brain-injury-tbi-symptoms) - [Prognosis](https://www.spinalcord.com/brain-injury-prognosis-for-tbi-abi) - [Legal Help](https://www.spinalcord.com/brain-injury-legal-help-get-a-lawyer) ### Finding Treatment - [Physician Directory](https://www.spinalcord.com/brain-and-spinal-cord-injury-physician-directory) - [Rehabilitation Directory](https://www.spinalcord.com/spinal-cord-injury-hospitals-rehabilitation-directory) - [Technology Advancements](https://www.spinalcord.com/sci-technology-advancements) - [Prevention](https://www.spinalcord.com/spinal-cord-injury-prevention) ### Legal Options - [Spinal Cord Injury Lawyer](https://www.spinalcord.com/spinal-cord-injury-lawyer) - [Brain Injury Lawyer](https://www.spinalcord.com/brain-injury-lawyer) - [Types of Personal Injury Claims](https://www.spinalcord.com/types-of-personal-injury-claims) - [Where To Start](https://www.spinalcord.com/brain-spinal-cord-injury-lawyer-where-to-start) - [Local Assistance](https://www.spinalcord.com/florida-personal-injury-claims) #### [About Us](https://www.spinalcord.com/about-us) Spinal cord injuries are traumatic for patients and their families. They cause disruptive changes to every aspect of your life and there is a lot of new information to navigate and understand. Our experts have collected everything in one place to help you learn more about your injury, locate doctors and treatment centers, find financial support, and get assistance navigating your next move. [Learn More About SpinalCord.com →](https://www.spinalcord.com/about-us) ## [Contact Us](https://www.spinalcord.com/contact-us) ![logo-footer-spinal-cord.png](https://www.spinalcord.com/hs-fs/hubfs/img/logo-footer-spinal-cord.png?width=249&name=logo-footer-spinal-cord.png "logo-footer-spinal-cord.png") **  [877-336-7192](tel:8773367192) ** [support@spinalcord.com](mailto:support@spinalcord.com) [**](https://www.facebook.com/spinalcordcom) [**](https://www.linkedin.com/company/spinalcord-com/) [**](https://twitter.com/SpinalCordCom) [**](https://www.youtube.com/channel/UCAbz2AC18acXQkpMNPeDIqg) Copyright 2026 | All Rights Reserved. [Spinal Cord, Inc.](https://www.spinalcord.com) Sponsored by [Tampa personal injury lawyers](https://www.swoperodante.com/tampa-personal-injury-lawyer/) at Swope, Rodante P.A. a Florida law firm located at 1234 E 5th Ave, Tampa, FL 33605. The information provided by SpinalCord.com is not a substitute for professional medical advice, diagnosis, or treatment, see [ Disclaimer Policy.](https://www.spinalcord.com/disclaimer) [**](https://www.spinalcord.com/blog/will-your-seatbelt-usage-impact-your-lawsuit#) [**](https://www.spinalcord.com/blog/will-your-seatbelt-usage-impact-your-lawsuit#) ```json { "@context" : "https://schema.org", "@type" : "WebSite", "name" : "Spinal Cord, Inc.", "potentialAction" : { "@type" : "SearchAction", "query-input" : "required name=search_query", "target" : "https://www.spinalcord.com/search?q={search_query}" }, "url" : "https://www.spinalcord.com/" } ``` ```json { "@context" : "https://schema.org", "@type" : "Organization", "contactPoint" : [ { "@type" : "ContactPoint", "contactType" : "customer service", "telephone" : "+1-877-336-7192" } ], "legalName" : "Spinal Cord, Inc.", "logo" : "https://www.spinalcord.com/hubfs/Logos/spinal-cord_png.png", "sameAs" : [ "https://www.facebook.com/spinalcordcom", "https://twitter.com/SpinalCordCom", "https://www.youtube.com/channel/UCAbz2AC18acXQkpMNPeDIqg", "http://www.linkedin.com/company/spinalcord-com" ], "url" : "https://www.spinalcord.com/" } ``` ```json { "@context" : "http://schema.org", "@type" : "Article", "articleBody" : "The spinal cord is a vital part of the human body. As the vehicle responsible for carrying messages from the brain to the rest of the body and back again, even the smallest interference can be detrimental. Following a traumatic spinal cord injury, this bundle of nerves can become bruised, also known as a contusion. Because of the nature of the nervous system, any interference can constitute a serious spinal contusion, but these facts will help you dissect all of the information from the medical professionals.

\n\n

What Is a Spinal Contusion?

\n\"Signs-of-a-spinal-contusion-title-image\"\n

Much like any other bruise, a contusion can cause bleeding from local blood vessels and inflammation which, rather unlike bruises on other parts of the body, can have serious negative impacts on the spinal cord itself. Because the “blood must clot to stop the bleeding”a bruise results from contusions also increase cardiovascular risks.

\n

For example, the swelling a contusion can cause will often disrupt nerve impulses that travel from the brain to the body through the spinal cord, and the severity of this will depend upon the level of injury. Unlike a concussion, a contusion would not cause unconsciousness or a ‘blackout’, but instead cause the patient to feel a numbness or tingling in the extremities.

\n

A contusion can cause spinal compression, which happens when there is pressure on the spinal cord. This can go on to cause an array of physical symptoms such as loss of sensation in the feet, inability to use the hands and loss of sexual ability. It must be noted that not all contusions cause spinal compression, and not all spinal compression is caused by a contusion, although they do often connect this way.

\n

Warning Signs of a Serious Spinal Contusion to Watch For

\n

Firstly, doctors will try and establish what area or limb the injury has affected. Spinal contusions most often “affect the upper extremities bilaterally and also sometimes involve the lower extremities,” according to Dr. Wong, an orthopedic physician.

\n

Symptoms include “numbness, tingling, [or] electric shock-like sensations and burning in the extremities,” (American Association of Neurological Surgeons, 2016). Generally falling into the category of “spinal trauma” there are many symptoms which are similar to other forms of spinal trauma and spinal cord injury. Below are some symptoms of spinal trauma:

\n\n

Unfortunately, it is sometimes challenging to identify which symptoms are due to a spinal contusion, and which ones are the result of a spinal cord injury directly. It can sometimes require a few days or weeks for the body to recover from spinal trauma and reveal if any permanent damage is left from the accident that caused the SCI.

\n

Understanding what a contusion is, and how it can come into play following a spinal cord injury is important in order to clearly appreciate your injury, understand your diagnoses, and work toward treatment and a prognosis. Doctors can sometimes use jargon that’s difficult to understand, so the more you can educate yourself about your condition, the more control you can have in your recovery and treatment.

\n

If you still have questions about the details of the spinal cord and how it may be affected from your injury, please contact us or download our guide to understanding a spinal cord injury.", "author" : { "@type" : "Person", "name" : "Spinalcord.com Team" }, "datePublished" : "2020-12-03", "image" : "https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion", "name" : "Warning Signs of a Serious Spinal Contusion", "url" : "https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion" } ``` ```json { "@context":"https://schema.org", "@graph":[{"@type":"WebSite", "@id":"https://spinalcord.com/#website", "url":"https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion", "name":"Spinal Cord Inc", "description":"The spinal cord is a vital part of the human body. As the vehicle responsible for carrying messages from the brain to the rest of the body and back again, even the smallest interference can be detrimental. Following a traumatic spinal cord injury, this bundle of nerves can become bruised, also known as a contusion. Because of the nature of the nervous system, any interference can constitute a serious spinal contusion, but these facts will help you dissect all of the information from the medical professionals.", "inLanguage":"en-US"}, { "@type":"ImageObject", "@id":"Spinalcord Logo", "inLanguage":"en-US", "url":"https://www.spinalcord.com/hubfs/Logos/spinal-cord_png.png", "width":327,"height":300, "caption":"spinal contusion"}, { "@type":"WebPage","@id":"https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion/#webpage", "url":"https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion", "name":"Warning Signs of a Serious Spinal Contusion", "isPartOf":{"@id":"https://spinalcord.com/#website"}, "primaryImageOfPage":{"@id":"www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion/#primaryimage"}, "datePublished":"2020-12-03T18:30:35+00:00","dateModified":"2020-12-03T18:30:35+00:00", "author":{"@id":"https://www.spinalcord.com/meet-our-authors"}, "description":"The spinal cord is a vital part of the human body. As the vehicle responsible for carrying messages from the brain to the rest of the body and back again, even the smallest interference can be detrimental. Following a traumatic spinal cord injury, this bundle of nerves can become bruised, also known as a contusion. Because of the nature of the nervous system, any interference can constitute a serious spinal contusion, but these facts will help you dissect all of the information from the medical professionals. What Is a Spinal Contusion? Signs-of-a-spinal-contusion-title-image Much like any other bruise, a contusion can cause bleeding from local blood vessels and inflammation which, rather unlike bruises on other parts of the body, can have serious negative impacts on the spinal cord itself. Because the “blood must clot to stop the bleeding”a bruise results from contusions also increase cardiovascular risks. For example, the swelling a contusion can cause will often disrupt nerve impulses that travel from the brain to the body through the spinal cord, and the severity of this will depend upon the level of injury. Unlike a concussion, a contusion would not cause unconsciousness or a ‘blackout’, but instead cause the patient to feel a numbness or tingling in the extremities. A contusion can cause spinal compression, which happens when there is pressure on the spinal cord. This can go on to cause an array of physical symptoms such as loss of sensation in the feet, inability to use the hands and loss of sexual ability. It must be noted that not all contusions cause spinal compression, and not all spinal compression is caused by a contusion, although they do often connect this way. Warning Signs of a Serious Spinal Contusion to Watch For Firstly, doctors will try and establish what area or limb the injury has affected. Spinal contusions most often “affect the upper extremities bilaterally and also sometimes involve the lower extremities,” according to Dr. Wong, an orthopedic physician. Symptoms include “numbness, tingling, [or] electric shock-like sensations and burning in the extremities,” (American Association of Neurological Surgeons, 2016). Generally falling into the category of “spinal trauma” there are many symptoms which are similar to other forms of spinal trauma and spinal cord injury. Below are some symptoms of spinal trauma: Spinal shock — or the loss of feeling or movement below site of injury (Columbia University Medical Centre, 2016) that can last between hours and weeks Loss of bladder or bowel function Difficulty breathing Muscle spasticity Difficulty understanding speech Problems with attention Memory challenges Heart rate and blood pressure problems Unfortunately, it is sometimes challenging to identify which symptoms are due to a spinal contusion, and which ones are the result of a spinal cord injury directly. It can sometimes require a few days or weeks for the body to recover from spinal trauma and reveal if any permanent damage is left from the accident that caused the SCI. Understanding what a contusion is, and how it can come into play following a spinal cord injury is important in order to clearly appreciate your injury, understand your diagnoses, and work toward treatment and a prognosis. Doctors can sometimes use jargon that’s difficult to understand, so the more you can educate yourself about your condition, the more control you can have in your recovery and treatment. If you still have questions about the details of the spinal cord and how it may be affected from your injury, please contact us or download our guide to understanding a spinal cord injury.", "breadcrumb":{"@id":"https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion/#breadcrumb"}, "inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion"]}]}, { "@type":"BreadcrumbList", "@id":"https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion/#breadcrumb", "itemListElement":[{"@type":"ListItem", "position":1, "item": { "@type":"WebPage", "@id":"https://spinalcord.com/", "url":"https://spinalcord.com/", "name":"Home"}}, {"@type":"ListItem", "position":2, "item":{"@type":"WebPage", "@id":"https://spinalcord.com/blog/", "url":"https://spinalcord.com/blog/", "name":"Articles"}}, {"@type":"ListItem", "position":3, "item":{"@type":"WebPage", "@id":"https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion/", "url":"https://www.spinalcord.com/blog/signs-of-a-serious-spinal-contusion/", "name":"Warning Signs of a Serious Spinal Contusion"}}]}, {"@type":"Person", "@id":"https://www.spinalcord.com/meet-our-authors", "name":"Spinalcord Team", "image":{"@type":"ImageObject", "@id":"https://www.spinalcord.com/hubfs/Logos/spinal-cord_png.png", "inLanguage":"en-US", "url":"https://www.spinalcord.com/hubfs/Logos/spinal-cord_png.png", "caption":"Spinalcord Team"}, "description":"The authors at SpinalCord.com come from diverse backgrounds including doctors, attorneys, medical journalist, and survivors of spinal cord injuries or traumatic brain injuries. Each author brings with them different experiences and expertise which when combined provide clinically accurate information which is useful to all individuals in the spinal cord and traumatic brain injury communities. Within the content you will find citations to medical journals, scientific research, as well as national and local resources to provide immediate support to families in need of assistance. Content is reviewed and updated regularly with changes in the clinical guidelines, new resources, and fresh ways to understand the content such as videos and infographics. ." } ]} ```