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No seat belt cab driver has compensation pared

by Conrad Murray last modified 2006-12-20 16:00

As a private hire driver I am exempt under the law from wearing a seat belt if carrying a passenger. But following a recent road accident -- which was not my fault -- my compensation claim was docked for the personal injury I received because the court ruled that by not wearing a seat belt, I had made my injuries substantially worse. If I am permitted under traffic law not to wear a seatbelt, why do the civil courts not recognise my special position?

Answer

Traffic Law exempts you from being required to use a seat belt but it does not prevent you from doing so. Seat belts are established as being a major factor in mimimising injuries in road traffic accidents  and a civil court will almost certainly rule you contributed to your injury (known as contributory negligence) if you are not wearing a seatbelt (if seat belts are fitted to the vehicle) even if you are exempted under traffic law from being required to do so.
Every driver - exempted or not - should wear a seat belt or risk their compensation being reduced in the event of an accident.

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