Can I Still Sue If I Wasn’t Wearing A Seat Belt in An Accident?

Federal law didn’t require seat belts in cars until 1968. Since then, seat belts have become a standard safety feature in all types of personal vehicles.

But what about those drivers who weren’t wearing a seat belt and were injured in a crash as a result of another driver’s negligence? Can they still make a car accident injury claim against the at-fault party?

The answer is yes, but with a few stipulations. While they can certainly still file a car insurance claim or personal injury lawsuit against the at-fault driver, our top car accident lawyers say their failure to buckle up could have an impact on the amount they’ll ultimately recover. If you find yourself caught in this unusual circumstance, here’s what you need to know:

Seat Belt Laws

California and New York legally require all drivers and passengers to wear their seats belt in order to reduce the risk of injury and death. This applies to all occupants of a moving motor vehicle who are 8 years of age or older. Children under 8 years of age must be restrained in a car seat or booster seat in the back seat of a vehicle, and children under the age of 2 must ride in a rear-facing car seat.

How Does a Seat Belt Violation Affect Your Car Accident or Personal Injury Claim?

After your car accident, the law enforcement personnel at the scene may give you a ticket for not wearing your seat belt. But the infraction doesn’t disallow you from filing a car accident injury claim against the at-fault party.

If you do decide to file a claim, it’s important to note that you can’t receive any compensation for damages that were suffered as a result of not wearing your seat belt, but you may pursue all other injuries. The courts will address your violation by examining the injuries which could’ve been evaded had a seat belt been worn. They may argue that even though you may not have caused the accident itself, your failure to wear a seat belt contributed to the severity of your car accident injuries.

If the insurance company representing the at-fault party argues that the injuries you experienced arose because you weren’t wearing a seat belt, it would significantly reduce the compensation amount they’re obligated to pay out for your injuries. It’s so important, in this case, to seek the help of an experienced car accident attorney who can help you fight for your rights.

If your case heads to trial, members of the jury will be instructed to evaluate how your failure to buckle up affected your injuries. Your lawyer may seek expert testimony from medical and biomechanical specialists in order to establish that your damages are either unconnected or minimally related to you not wearing a seat belt.

Contact The Barnes Firm’s Trusted Car Accident Lawyers

Even if you weren’t wearing a seat belt after a car accident, you can still receive compensation for the sustained damages from the at-fault party. An expert personal injury attorney at The Barnes Firm will fight for your rights after launching a legal investigation into your case and the circumstances leading up to the crash. We’re dedicated to providing you with the soundest case possible and will work tirelessly to get you the compensation you deserve.

With over 100 years of combined legal experience, our team of knowledgeable car accident lawyers can handle your case and are available 24/7 to review your accident and answer your questions. To schedule a free consultation with our knowledgeable auto accident attorneys, call The Barnes Firm or complete our online contact form today.

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Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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