Now that the seatbelt defense is part of Indiana’s civil litigation landscape, insurance companies and defense lawyers are more likely to use it to reduce payouts.
If you’re injured in a car crash in Indiana and weren’t wearing a seatbelt at the time, you might still be able to recover compensation—but how much you receive could be affected. That’s because a recent change in Indiana law in 2024 now allows courts to consider whether you were buckled up when determining the outcome of your personal injury case.
The law puts the pressure on accident victims to show that their injuries weren’t made worse by not wearing a seatbelt. It also gives insurance companies a new way to reduce payouts.
Indiana’s Seatbelt Law Overview
Indiana law has long required vehicle occupants to wear seatbelts under Indiana Code § 9-19-10-2. Drivers and passengers age 16 or older must be properly restrained, whether they’re in the front or back seat. Children must be secured in approved car seats or booster seats that match their size and age.
What’s changed isn’t the requirement to wear a seatbelt—it’s how that decision can now be used in civil court. Previously, if you were injured in a crash and not wearing a seatbelt, that fact usually couldn’t be brought up in a personal injury lawsuit. As of July 1, 2024, that protection is no longer in place.
What Is H.B. 1090 and Why Does It Matter?
House Bill 1090 introduces a significant shift in how civil courts handle cases involving seatbelt use. Beginning July 1, 2024, defendants in civil actions may introduce evidence that the plaintiff failed to wear a seatbelt at the time of the crash. This applies to plaintiffs who are 15 years of age or older.
In short, if you weren’t wearing a seatbelt and you’re suing for injuries from a crash, the defense is now allowed to argue that your injuries could have been prevented—or made less severe—if you had been buckled up.
That may sound concerning for injury victims, but the law does not automatically reduce compensation. It creates a legal framework for what’s commonly referred to as the “seatbelt defense,” and it puts the burden on the defendant to prove that not wearing a seatbelt was a factor in the injuries sustained.
How Does the Seatbelt Defense Work Now?
Under H.B. 1090, the seatbelt defense becomes a strategic tool that defendants can use—but only if they meet two specific requirements. First, they must prove that the plaintiff was not wearing a seatbelt at the time of the crash. Second, they must also prove that using a seatbelt would have prevented or reduced the injuries the plaintiff suffered.
This change emphasizes the need for strong evidence on both sides. For defendants, this may mean using crash reconstruction experts or medical testimony to show how a seatbelt might have changed the outcome. For plaintiffs, this can involve countering with their own expert analysis to show that a seatbelt would not have made a significant difference in their particular case.
How Can Indiana’s Modified Comparative Fault System Impact My Car Accident Case?
Indiana follows a modified comparative fault rule, meaning that your damages may be reduced if you’re partially at fault for your injuries—but you can still recover compensation as long as you’re not more than 50% responsible.
Not wearing a seatbelt may now count as part of your fault in causing your own injuries. For example, if a jury finds you 20% at fault because you didn’t wear a seatbelt, and your damages are calculated at $100,000, your award would be reduced by 20%, bringing your compensation down to $80,000.
However, if your fault exceeds 50%, you are barred from recovering anything. That makes fighting back against exaggerated claims of fault even more critical.
What This Means for Accident Victims
If you weren’t wearing a seatbelt during a crash after July 1, 2024, you might still be entitled to significant compensation—but you should expect the seatbelt defense to be raised. Importantly, this new rule does not automatically deny your claim. The defense must prove both that you weren’t wearing a seatbelt and that it would have meaningfully impacted your injuries.
There are many scenarios where the use of a seatbelt might not have made a difference—for instance, in side-impact collisions, certain rollovers, or accidents involving airbag malfunctions. Medical records, accident reports, and expert testimony will all play a crucial role in establishing whether seatbelt use would have mattered.
Why Legal Representation Matters More Than Ever
Now that the seatbelt defense is part of Indiana’s civil litigation landscape, insurance companies and defense lawyers are more likely to use it to reduce payouts. That makes skilled legal representation essential. A personal injury attorney experienced in car accidents can help collect the right medical evidence, consult with experts, and push back against claims that not wearing a seatbelt justifies lower compensation.
Your lawyer can also identify whether the defense’s claims are speculative or based on solid, admissible evidence. Simply arguing that “a seatbelt would have helped” is no longer enough—the law requires defendants to prove it.
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