Not Wearing a Seatbelt in an Accident – Can I Still Get Legal Help?

Seatbelts save lives. However, there are times when you may have forgotten or been on a quick trip, only to have a car accident occur. Even if you were not at fault for the accident itself, not wearing your seatbelt may have contributed to the severity and extent of your injuries. In these situations, it is important to know that you do still have rights when it comes to filing a claim for the damages you suffered.

How Seatbelts Impact Car Accidents

The Centers for Disease Control and Prevention (CDC) reports that car accidents are one of the leading causes of death and disability in the United States. More than 22,000 people died in collisions during 2015, and over half were not wearing a seatbelt at the time. Seat belts, along with other safety devices such as airbags and child car seats, restrain passengers and drivers, preventing them from being bumped, jolted, or thrown from the vehicle. This can prevent serious injuries, and saves as many as 14,000 lives or more each year.

The Texas Click It or Ticket campaign aims at raising awareness regarding the dangers of not wearing a seatbelt. Under Texas law, drivers can be pulled over by law enforcement officers and ticketed if they or their passengers are not properly restrained. In the event a car accident does occur, not wearing a seatbelt will not prevent you from recovering damages, but it can reduce the overall amount you are entitled to.

Recovering from an Accident in Which You Were Not Wearing a Seatbelt

In Texas, drivers can be held liable for paying another motorist’s medical expenses, lost wages, and other types of damages for car accidents in which they are to blame. However, under Section 33.001 of the Texas Civil Practice and Remedies Code, injured drivers can have the amount they are entitled to reduced if it is determined they were partially responsible for the accident or their injuries. Under the legal theory of proportionate responsibility, you can seek compensation provided you were not more than 50 percent responsible. For example:

• You are involved in a car accident and your injury costs total $100,000.
• As the result of not wearing a seatbelt, you are determined to be 40 percent responsible for the severity of your injuries.
• In your personal injury claim, you would be entitled to only 60 percent of the total amount, or $60,000.

Get Help from an Experienced Car Accident Attorney

When you are even partially to blame for a car accident or for the injuries you suffered in a collision, it can significantly reduce the amount you are entitled to in a claim. To help ensure you get the maximum amount of compensation you need to recover, call or contact the Lovett Law Firm online today. Request a consultation with our Texas car accident attorneys to find out how we can help you.