Can I Still Recover Compensation if I Wasn't Wearing a Seat Belt in Maryland?

 Posted on May 10, 2026 in Car Accidents

Seat belts are mandated by law in most states, and Maryland isn’t an exception. If you recently suffered injuries in a car accident where you weren’t wearing a seat belt, you might expect that you can’t recover damages, even if the accident wasn’t your fault.

The good news is that Maryland law doesn't automatically bar you from seeking compensation just because you were not wearing a seatbelt. If you have questions about compensation after a car accident in 2026, our Montgomery County, MD personal injury lawyer has over 12 years of experience and can help you build your claim.

How Does Not Wearing a Seat Belt Affect Liability in a Maryland Car Accident?

Maryland follows a legal doctrine called contributory negligence. This is one of the strictest fault rules in the country. Under this rule, if you are found to be even slightly at fault for your own injuries, you may be barred from recovering any compensation at all.

However, Maryland has a specific legal protection in MD Transportation Code section §22–412.3, which states that failure to wear a seatbelt cannot be considered evidence of negligence or contributory negligence. It also explicitly states that someone not wearing their seatbelt does not limit the liability of the party who caused the accident or diminish the damages that someone can recover.

Insurers may still attempt to use the "seatbelt defense" – the fact that someone wasn’t wearing a seatbelt at the time of the accident – but it’s generally not allowed in civil cases.

Why Does Maryland Still Allow Someone To Recover Damages if They Weren’t Wearing a Seat Belt?

Use of a seat belt is mandated by Maryland law, and seat belt use is known to substantially reduce the severity of car accident injuries. Given these facts, it may seem counterintuitive that seatbelt use isn’t allowed to affect the outcome of car accident claims.

The reason for this is that the focus in car accident cases is on fault. In other words, the point is to determine who caused the accident in the first place. While seat belt use is a safety issue and you may still face fines for being unbuckled, the primary issue in car accident cases is what actions someone took or failed to take that led to the accident. Exceptions to this are when your case is based on a malfunction of the seat belt itself. However, these cases belong to a different category of claim (product liability) and would be a separate suit.

What Evidence Can Help Strengthen Your Car Accident Claim in Maryland?

Even though the law doesn’t allow your lack of a seat belt to influence your compensation, you still need a strong case. Maryland, as mentioned before, has one of the strictest liability rules in the country, and you need to prove that you didn’t contribute to the accident in any way if you hope to recover damages. Evidence that can support your claim might be:

• Accident reconstruction reports clearly showing the other driver's fault
• Medical records and expert testimony establishing that your injuries were caused by the crash
• Police reports and witness statements that clearly document the other driver's behavior
• Traffic camera footage or dashcam video
• Cell phone records from the other driver showing they were distracted by their phone

The stakes are fairly high in Maryland car accident claims. Because of this, speaking to an attorney about what you should and should not say when communicating with the other person’s insurance can be very beneficial. If your claim is successful, you may be compensated for medical bills, lost wages, pain and suffering, and damage to your vehicle.

Call a Germantown, MD Car Accident Lawyer Today

Our Montgomery County, MD personal injury attorney can help you build a strong car accident claim. We answer calls 24/7 and work on a contingency fee basis. Attorney Serafini is highly invested in his local community and takes a personal, hands-on approach to every case. Call Serafini Law at 240-744-1600 today for a free consultation.