Being in a car accident in California is a terrifying ordeal. In some cases, one of the first questions you might ask yourself, particularly if you didn’t wear your seatbelt, is, “Can I still sue for injuries that result from this crash even if I wasn’t wearing a seatbelt?” The answer is yes. Nonetheless, no seatbelt may mean a lower settlement from insurance.
Here, we’ll explain how California law handles these cases if you weren’t wearing a seatbelt, what to expect if you weren’t using one, and how to protect your rights.
According to California Vehicle Code § 2 27315, a driver or passenger must wear a seatbelt when the vehicle is in motion. However, not buckling up can still result in a warden citation of some kind—not only that, but as the Poole family litigation demonstrates, the fact that you weren’t wearing your seatbelt will affect how much compensation in damages you are entitled to if injured.
California follows a pure system of comparative fault. Every party involved in an accident can be held responsible for a percentage of the damages, depending on their degree of fault. For example, if you are found to be 30% at fault, then your total amount of compensation would fall by that 30%.
California law has strict regulations requiring children to sit in proper child restraints. If a child less than 16 years old is improperly restrained, the driver may be held financially responsible. This makes stuff even more complicated for injury cases involving minors, so be sure to consult with an attorney if a child was involved at all.
When it comes to personal injury cases, the defense may argue that by not wearing a seat belt, you contributed to your own injuries. This is known as the “seatbelt defense.”
Imagine you were hit by a drunk driver who ran a red light. Even if it were clear that they were in the wrong, the defense might argue that some of your injuries, and therefore damages, should not come at all on their behalf. If the other side can prove your failure to wear a belt contributed to any percentage of your injuries or exacerbated them in any way, they may reduce compensation accordingly.
Suppose you suffer $100,000 in damages after being hit by a car. The other driver is entirely at fault in that crash. However, the defense argument is that your head injury was more severe than necessary because you weren’t wearing a seat belt. A jury accepts this and finds that 20% of your injuries could have been avoided if you’d had on a seatbelt. You then get $80,000.00, rather than the full $100,000 amount.
Even though your damages are reduced, California law provides that you can still recover:
You may be wondering what happens if the insurance company were to determine that you were not wearing your safety belt. This is often a tactic used by insurance companies to minimize or refuse payouts. They point out that injuries would have been less severe had a safety belt been worn. Also, please remember, although California law contains principles of comparative fault, it clearly does not bar recovery outright. You should not accept an outright denial without consulting with a personal injury lawyer.
An experienced car accident attorney can help you demonstrate that the accident was serious and likely would have caused injury even if seatbelts had been used. Negligent conduct by the other party was a major reason you were injured. You still have a legal right to compensation.
Your lawyer can also help to build your case by:
The aim is to show that a lack of seatbelt was not the chief cause of your injuries, or at least to reduce its effect on the case.
Never let a seatbelt violation prevent you from getting your just compensation. Though it is always safer to wear a seatbelt, not wearing one should not mean losing your rights. You can still sue the party that was at fault, or its insurance company, for injuries sustained in a collision. Many successful claims have been made by unrestrained drivers and passengers in California.
If you were injured in a car accident and were not wearing your seatbelt, contact an experienced personal injury lawyer immediately. They can help you pass through the comparative fault system, counter the seatbelt defense, and fight for the compensation you deserve.
If you or a family member has been injured in a motor vehicle accident in California, please contact our law office for a free consultation. Our office is ready to help you understand and assert your legal rights.
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