If You Don’t Wear a Seat Belt, Can You Still File a Car Accident Claim?
While seat belts are now a standard safety feature in all motor vehicles, federal law did not require them in cars until 1968. Since seat belts are an accepted safety standard, how does not wearing a seat belt affect a personal injury claim following a car accident?
If the Injured Party in a Car Accident is Not Wearing a Seat Belt Does Liability Change?
If someone involved in a car accident is not wearing a seat belt, does this equate to negligence on their part? Or is the fault always assigned to the person who caused the car accident? In Texas, passengers are required by law to wear a seat belt unless the back seats do not have seat belts, and the passengers in the seats are over 17 years old. Being aware of seat belt laws is essential. If traveling outside of Texas, it’s a good idea to research seat belt laws in the state you will be visiting.
Are You At Fault If You Aren’t Wearing a Seat Belt?
If you are in a car accident and you are not wearing a seat belt, can you still file a personal injury claim? When not wearing a seat belt, the risk of injury increases. Without a seat belt, it is also more likely that injuries will be severe. However, while not wearing a seat belt increases your risk of injury and increases your risk of severe injuries, it does not automatically mean you are the responsible party. The person who caused the car crash is also at fault.
Determining the Percentage of Liability After an Accident:
After an accident, the main question is not just who is at fault, but more specifically, how much at fault are each of the parties involved? When filing a personal injury claim, any resolution or settlement will be based on the percentage of liability assigned to each party. In other words, who is responsible for your injury? How much of the fault for the injury is due to their actions?
Is It Worth Filing a Car Accident Claim If You Weren’t Wearing a Seat Belt?
If you were injured in a Texas car accident due to another driver’s actions, you might be able to file a personal injury claim to seek compensation for your injuries. Whether or not you should (and can) file a claim hinges on whether or not there is evidence of the other driver’s negligence, not on whether you were wearing a seat belt. Not wearing a seat belt does not prevent you from filing a car accident claim. Still, it can impact how much of the percentage of liability is assigned to the other driver, and therefore, it can affect the amount of your potential settlement.
If you are worried because you were in a car accident and weren’t wearing a seat belt, don’t hesitate to call the experienced personal injury attorneys at Carrollton’s Hudson Law Firm. We put Personal back into Personal Injury Law.