Some states accept the "safety belt defense." This means that if you are injured in a car crash while not wearing a seat belt and the injury was caused or made worse due to the lack of a seat belt, the amount of damages you can collect may be reduced.

In states that allow this defense, you are comparatively negligent and therefore partially responsible for causing your own injuries, even if you were not responsible for the accident. Suppose you were driving without a seat belt when you were rear-ended. Your head hit the windshield and you suffered serious head injuries. If the safety belt defense is allowed in your state, the other driver's lawyer would try to prove that had you buckled up, your head would not have hit the windshield. If the argument persuaded the judge or jury, your award of damages would likely be reduced. Contact an experienced car accident attorney for advice regarding your particular situation.