Passenger Who Wasn't Wearing a Seatbelt Receives 100% of Compensation Awarded

In the recent case of Stanton V Collinson the English Court of Appeal agreed that a 16 year old passenger who had sustained a serious brain injury in a road traffic accident should not have his award of compensation reduced because he was not wearing his seat belt.

The 16 year old was one of 5 passengers in a car which was involved in a serious road traffic accident. When the road traffic accident occurred the 16 year old was sitting in the front passenger seat with another individual and was not wearing a seat belt.

It was agreed that compensation should be paid to the 16 year old for the injuries and losses he sustained in the road traffic accident. The Court of Appeal had to decide whether or not the amount of compensation awarded to the 16 year old ought to be reduced because he was sharing the front passenger seat and was not wearing his seat belt at the time of the accident.

The trial judge did not feel that the amount of compensation should be reduced and the Court of Appeal judge decided that the trial judge was best placed to decide whether the expert evidence provided during the trial showed that had the 16 year old been wearing a seat belt his injuries would have been less severe.

The 16 year old boys compensation was not reduced by the Court of Appeal.

If you have been involved in an accident in the last three years that was not your fault call our specialist No Win No Fee lawyers on 0800 0891 331 and we will help you recover the compensation you deserve.