Being involved in a car accident in California is frightening and overwhelming. One of the first concerns many injured drivers and passengers have is:
“Can I still file an injury claim if I wasn’t wearing a seatbelt?”
The answer is yes—you can still pursue compensation. However, not wearing a seatbelt may reduce the amount you receive. This article explains how California’s seatbelt laws, comparative fault, and the seatbelt defense impact your case—and what you can do to protect your rights.
Under California Vehicle Code § 27315, all drivers and passengers must wear a seatbelt whenever a vehicle is moving. Failing to buckle up can result in a citation—and more importantly, it may affect how much compensation you receive after a crash.
As seen in notable cases such as the Poole family litigation, not wearing a seatbelt can reduce the damages awarded to an injured person. However, it does not prevent you from filing a claim.
California uses a pure comparative fault rule. This means each party is assigned a percentage of fault based on their actions.
If you are found 30% at fault, your compensation is reduced by 30%.
Even if you are 99% at fault, you can still recover 1% of your damages.
This rule applies when not wearing a seatbelt is found to have contributed to your injuries.
California has strict laws requiring minors under age 16 to be secured in proper child restraints. If a child is unrestrained, the driver may be held financially responsible, even if someone else caused the crash.
Because injuries involving minors are more complex, it’s especially important to consult a personal injury attorney if a child was involved.
Insurance companies and defense attorneys often use the seatbelt defense to argue that:
You contributed to your own injuries
Your injuries would have been less severe if you were wearing a seatbelt
Your compensation should be reduced
You suffer $100,000 in damages after being hit by a negligent driver.
A jury finds your injuries were 20% worse because you weren’t wearing a seatbelt.
Your recovery:
$100,000 – 20% = $80,000
You still win compensation—but less than the full amount.
Even if your compensation is reduced, California law allows injured victims to recover damages for:
Medical bills and future treatment
Lost wages
Loss of earning capacity
Pain and suffering
Emotional distress
Property damage
Not wearing a seatbelt does NOT bar you from recovery.
Many insurance companies use this argument to deny claims unjustly. Never accept a denial without speaking to an attorney first.
A skilled car accident attorney can counter the seatbelt defense and prove that the other driver’s negligence—not your failure to buckle up—was the primary cause of your injuries.
Hiring accident reconstruction experts
Consulting medical professionals to explain your injuries
Collecting witness statements and traffic camera footage
Demonstrating the other driver’s negligence (DUI, speeding, texting, etc.)
Arguing that your injuries would have occurred regardless of seatbelt use
The goal is to minimize your fault percentage and maximize your compensation.
Not wearing a seatbelt does not eliminate your right to financial recovery. While California’s comparative fault rules may reduce your compensation, they do not bar your case.
If you or a loved one was injured in a car accident—whether restrained or unrestrained—contact an experienced personal injury attorney as soon as possible. Legal guidance can help you navigate the seatbelt defense and fight for the compensation you deserve.
If you were hurt in a motor vehicle accident in California, we are here to help. Contact Colvin Accident Lawyers for a free consultation. We’ll evaluate your case, explain your rights, and guide you through the process of recovering the compensation you deserve.
You don’t have to face insurance companies alone—our team is ready to fight for you.
Free Case Evaluation