Indiana Drivers Are Buckling Up Less Every Year — And It’s Affecting Injury Claims in Ways Most People Don’t Expect

September 24, 2026

• Seatbelt usage in Indiana has been declining this decade, leading to a spike in fatalities and serious injuries in car accidents.
• Not being buckled up can also hurt your claim, increasing your level of fault by as much as 5%. That could reduce the amount you receive, and it might even keep you from receiving anything at all.
• Insurance companies will try to pin as much fault as they can on you if you were unbuckled, so you need a dedicated Indiana car accident lawyer to help you get everything you deserve.

On July 1^st, 1987, Indiana’s first seatbelt law went into effect, requiring anyone in the front seat of a car to buckle up. At the time, only 20% of Hoosiers wore seatbelts while in the car, a number that seems fairly unbelievable now. But seatbelt usage is still not universal – and in Indiana, it has been steadily falling.

This puts drivers and passengers at greater risk of serious, life-changing injuries. And to make matters worse, not being buckled up could potentially reduce the amount of compensation you recover, even if the accident was entirely the other driver’s fault.

Seatbelts save lives, and they also save money. And if you were in an accident when you weren’t wearing a seatbelt, you’ll want to have a qualified Indiana car accident attorney who can help you get the maximum available to you so that you can move forward with your life.

Seatbelt Rates Declining in Indiana, Increasing Injury Risk

According to the 2024 Indiana Crash Facts Report, put out by the Indiana University Public Policy Institute, Indiana saw near-universal rates of seatbelt use in 2020. 99% of men in the state wore seatbelts, and so did 98.1% of women. But those numbers have been declining pretty dramatically ever since. By 2024, men were using restraints at a 92.7% clip, while women were at 91.6%.

Researchers aren’t really sure why this has been the case. There aren’t specific patterns or a clear urban/rural divide, although young drivers seem less likely to use seatbelts than older drivers, a leading reason why teen accidents are so deadly.

What is clear, however, is that there are consequences. Nearly 60% of fatal accidents happen when someone isn’t properly restrained. And serious injuries can dramatically increase too, including:

• Broken bones
• Internal bleeding
• Organ damage
• Neck and spine trauma

These injuries can cost tens of thousands in medical bills. They can lead to lengthy recovery times that keep you home from work. You might never be able to work again. And if you weren’t buckled up, it can be difficult to recoup all your costs.

How Not Being Buckled Up Can Affect Your Claim

Indiana is a “comparative fault” state. Normally, this is explained like this. If you are driving near, say, the Fort Wayne Zoo, and someone comes flying around the curve at Sherman Boulevard, careens into your lane, and hits you, it should be pretty clear where the fault lies. And if you were less than 51% at fault for the accident, you should be entitled to compensation.

The trick is that the other insurance company will try to pin some of the fault on you. Its lawyers could claim you were speeding or not paying attention. They might try to say you were 20% at fault. You’d still get money, but if your settlement is $10,000, you might only receive $8,000.

Now here’s where being buckled up comes in. The insurance company’s lawyers will not just talk about fault from the crash, but fault for your injuries. They will say that you, by not being buckled up, are responsible for a percentage of what happened to you.

The “good news” is that this kind of fault should be capped at 5% of the total damages. But that’s added to the rest of your comparative fault. And that can add up.

Let’s say that the insurance company is trying to prove that you were responsible for 35% of the accident. The company could add another 5% for your lack of restraint. At that point, $100,000 may turn into $60,000, which might not come close to covering what you owe, much less your pain and suffering.

Even scarier, a smart insurance lawyer may try to push your responsibility to 46% so that adding the other 5% means that you don’t get anything.

How to Protect Yourself

If you were unbuckled, you’ll want to show that the other party was as much at fault as possible.  To help build a case that can do that:

• Call 911 and get a police report.
• Gather evidence at the scene (take pictures, talk to witnesses, get footage from nearby cameras).
• Go to the hospital and document your injuries.
• AVOD TALKING TO AN INSURANCE COMPANY ALONE.

The minute an insurance company gets in touch, it will try to find ways to nickel and dime you. Even your own insurance company might act in bad faith against you. The insurers have the lawyers and the resources necessary to deny you what you are owed for your Indiana car accident injuries, so it’s critical to talk to a lawyer who won’t let them.

Reach Out to Our Experienced Indiana Car Accident Attorneys

It’s important to buckle up. It saves lives, and not doing so can hurt your case. But we know that everyone forgets sometimes.

If that happens, you want lawyers who will turn over every stone to make sure you get what you need to get your life back together, like the Indiana car accident lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

Simply call us at (317) 472-3333, chat with us online, or fill out our contact form now for a free consultation with a knowledgeable Indiana car accident attorney.