If you were injured in a car accident but you were not wearing a seatbelt, you may be concerned that it will prevent you from recovering compensation. However, in California, the law is more nuanced. Although wearing a seatbelt is required by law, failing to wear one does not automatically bar you from pursuing legal action and damages. It can, however, affect how liability and compensation are evaluated and assigned. Understanding seatbelt laws and comparative negligence is crucial in determining your legal options and protecting your right to compensation. Continue reading for more information and consult with an experienced Irvine car accident lawyer to obtain the help of a knowledgeable professional today.
Yes, in California, you can still pursue a personal injury lawsuit even if you were not wearing a seatbelt at the time of the accident. California law requires seatbelt use under California Vehicle Code § 27315, but failure to comply with the law does not automatically eliminate your ability to seek compensation from a negligent driver.
Courts generally focus on who caused the accident, not only on whether a seatbelt was worn. However, the opposing party may raise a “seatbelt defense,” arguing that the injuries would have been less severe if the seatbelt had been used. This assertation allows a defendant to argue that you failed to take reasonable steps to protect your own safety. If the defense successfully proves that your injuries were worsened by the lack of a seatbelt, the court could assign you a percentage of fault under the state’s comparative negligence laws.
California follows a pure comparative negligence system, meaning that multiple parties can share responsibility for an accident or injuries. The court will determine each party’s portion of the blame, but being partially at fault does not prevent you from recovering compensation.
If the court determines that not wearing a seatbelt contributed to the severity of your injuries, a percentage of fault may be assigned to you. In that case, the compensation award is reduced based on the amount of responsibility you bear.
For example, suppose that the other driver failed to yield the right of way, causing them to collide with your vehicle. They caused the crash and will likely be assigned a majority of the blame. However, if you were not wearing a seatbelt, it could have significantly worsened the resulting injuries. You could be found 15% liable while the other party is found 85% liable. If your damages totaled $10,000, you would only be eligible to recover 85%, or $8,500.
As established, however, California is a pure comparative negligence state. This means that even if you are 99% at fault for an accident, you may be able to recover damages. This is different from other states that operate under a modified system, where being 50% or 51% liable bars any form of compensation.
For more information and skilled legal advice, contact an attorney at California Personal Injury Law Firm, APC, today.
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