CALL 916-777-7777
Youtube Facebook-f X-twitter Linkedin-in

Can I File a Claim If I Was Hurt in a Crash and Not Wearing a Seat Belt?

Posted on behalf of Arnold Law Firm in
woman-hands-with-white-pants-clicking-seat-beltIf you were hurt in a car accident while not wearing a seat belt, you may assume that you cannot file an insurance claim or lawsuit against the person who caused the accident. However, in the state of California, there are laws that allow injury victims to file a claim even if they were not wearing a seat belt. If you are concerned that your accident claim may be impacted by your not wearing a seat belt, contact an experienced Sacramento car accident lawyer at the Arnold Law Firm. We can discuss this issue with you during a free consultation.

California Seat Belt Laws

California law requires drivers and passengers to wear a seat belt when the vehicle is in motion and children must be restrained in proper car seats or booster seats. Violating California’s seat belt law can result in a minimum fine in the amount of $162 for an adult who is not buckled or $465 for a child under the age of 16. If you are injured in a car accident while not wearing a seat belt, you may still be able to recover compensation from the negligent party who caused the accident. However, your financial recovery may be reduced.

What is the Seat Belt Defense?

The seat belt defense may be asserted by the defendant or the defendant’s legal counsel. The defendant may claim the amount of damages the victim suffered would have been substantially lower if he or she was wearing a seat belt. They may argue that you should not receive financial compensation for something that was – at least partially – your fault. It is important to understand that California law specifically states that failure to wear a seat belt does not prevent you from filing a claim for damages stemming from the accident. You can still pursue a claim. However, the court will determine whether your injuries could have been avoided by wearing a seat belt. Only those damages that could have been avoided can be excluded from your recovery. You may still be eligible for compensation for other injuries you suffered. The jury may be instructed to consider how you, by not wearing your seat belt, affected your injuries. If the insurance company is successful in proving that your failure to wear a seat belt caused most of your injuries, it may drastically reduce the amount of compensation you receive.

Arguments Against the Seat Belt Defense

Depending on the circumstances surrounding your case, there may be a variety of legal arguments that your lawyer may be able to make, such as:
  • Failing to wear the seat belt did not cause the accident, so a victim should not be punished for another person’s negligent behavior.
  • Failing to use a seat belt did not go against the requirement to mitigate damages, which can only be done after an accident, not at the time of the accident.
  • Plaintiffs should not be required to anticipate the negligence of others.
  • It cannot be accurately determined what injuries would have been sustained had the plaintiff worn a seat belt.
  • Seat belt tests using dummies cannot accurately reflect the damages the plaintiff may have suffered.

Contact a Knowledgeable Lawyer to Learn More

If you were injured in a car accident, you may be eligible for financial compensation for property damage, medical expenses, lost wages, pain and suffering and other damages – even if you were not wearing your seat belt at the time. Contact the Arnold Law Firm today to schedule a free consultation. We can discuss your case and your legal options.

Call us today to learn more (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.