Can I File a Car Accident Claim If I Was Not Wearing My Seatbelt?

Though it may seem like second nature to most, wearing a seatbelt is one of the most important things you can do to protect yourself while on the road. If you are involved in an accident while you were not buckled in, you may wonder how this can impact the outcome of your personal injury claim. The following blog explores what you should know about these difficult times and why it is critical to consider working with our experienced Irvine auto accident lawyers to help you explore your legal options.

Can I Pursue a Car Accident Claim If I Did Not Wear My Seatbelt?

First and foremost, it is imperative to understand the laws surrounding wearing a seatbelt in a motor vehicle. In California, the law states that all passengers over 8 must wear a seatbelt, while providing additional guidelines for younger children.

If you were not wearing your seatbelt at the time of an accident in which you are not at fault, you may have concerns that it will prohibit you from pursuing compensation. However, this is not true. Even if you were not wearing a seatbelt when struck by another vehicle, you can pursue legal action against them for their negligent actions.

Though failure to wear a seatbelt will not affect your ability to file a claim, it can impact the amount of compensation you can recover. California adheres to a pure comparative negligence statute, meaning those who contribute to the damages they incur are still eligible to recover compensation, but it will be reduced by their percentage of fault. For example, if it is deemed that wearing a seatbelt contributed to 30% of the incurred damages, your award will be reduced by 30%.

Do I Need an Attorney?

Even though failing to wear a seatbelt will be held against you when pursuing a claim, it is important to understand that you should still connect with an experienced attorney.

Failing to wear a seatbelt can have a considerable impact on the outcome of your claim, and though the best thing to do moving forward is to ensure you are always buckled in, it is still critical to connect with an attorney. They can examine the circumstances of your accident to determine the true impact the failure to wear a seatbelt had on your injuries to fight for the full compensation you deserve.

When you need legal help the team at California Personal Injury Law Firm, APC, is here to assist you. Our team will explore the circumstances surrounding your case so we can offer you the best advice for your unique situation. Contact us today to discuss your case with a member of our firm by scheduling a free phone consultation.