Although wearing a seat belt is mandatory for all drivers in Texas, failure to wear one doesn’t prevent you from suing for injury. It can, however, affect how much compensation you recover in a car accident lawsuit.
Wearing a seat belt might worsen your injuries, and Texas’s comparative fault laws require juries to lower damages after taking into account the plaintiff’s negligence. Your negligence for failing to wear a seat belt should not outweigh the defendant’s liability for causing the collision, and our lawyers can prove the defendant is mostly at fault using eyewitness statements, videos, photos, and even accident reconstruction.
Call Cap City Injury Attorneys at (512) 612-3110 to discuss your case confidentially and for free with our Texas car accident lawyers today.
Can I Sue if I Wasn’t Wearing a Seat Belt in Texas?
Not wearing a seat belt may have contributed to the severity of your injuries from a crash, but it didn’t cause the accident itself; the other driver’s negligence did. So, despite not wearing a seat belt, you may still file a lawsuit in Texas.
Texas’s modified comparative fault rule only stops you from suing for an injury if you are more than 50% at fault for your damages. While failure to wear seat belts might lead to worse injuries and more expensive damages, it does not cause collisions like distracted driving, making reckless lane changes, or driving under the influence.
If you weren’t wearing a seat belt, the defendant might try to argue you were negligent in other ways, too, such as by speeding, to increase the liability attributed to you above 50% and avoid accountability altogether, which our Buda, TX car accident lawyers can help prevent.
Can Not Wearing a Seat Belt Affect My Recovery After a Car Accident?
Not wearing a seat belt shouldn’t stop you from filing a car accident lawsuit, but it might affect the damages you recover from the lawsuit because of Texas’s modified comparative fault rules.
Compensation from Settlements
Seat belts help prevent ejection from vehicles, collisions with vehicle interiors, neck injuries, head and brain injuries, and airbag injuries. During settlement negotiations, the defendant might argue that the plaintiff’s injuries and damages would have been less serious had the plaintiff been wearing a seat belt, arguing that this fact makes them, the defendant, liable for fewer damages in an out-of-court settlement.
Compensation from Jury Awards
Plaintiffs who are 50% or less at fault may still sue and go to trial, but their damages get reduced proportionately based on how liability is divided by the jury. The jury may award significantly more than the defendant offered during out-of-court settlement discussions, so you may not feel the effects of comparative fault as deeply. Furthermore, the jury may even award exemplary damages for gross negligence, fraud, or malice.
FAQs About Suing for Injury if You Weren’t Wearing a Seat Belt in Texas
Should You Call the Police if You Weren’t Wearing a Seat Belt?
Always call the police after being injured in a car accident, even if you weren’t wearing a seat belt. While officers might write that down in the police report, they will also note the likely primary cause of the collision, which would be the defendant’s negligence.
What Evidence Do You Need to Sue if You Weren’t Wearing a Seat Belt?
We need evidence that proves the negligent driver alone is liable for causing the collision, and that your failure to wear a seat belt only slightly contributed to your injuries. Eyewitness statements can help us meet the burden of proof, as can video footage, photos, and accident reconstruction.
Should You Accept a Settlement if You Weren’t Wearing a Seat Belt?
You don’t have to accept a lowball settlement just because you weren’t wearing a seat belt during an accident, and you may still recover nearly all of your damages. Let us confirm a settlement is fair before you sign the agreement, and don’t rush into accepting an offer.
Should You Go to Trial if You Weren’t Wearing a Seat Belt During an Accident?
Failure to wear a seat belt shouldn’t majorly affect compensation at trial, even when juries weigh comparative negligence. Don’t let seat belt use stop you from going to trial, which may still end very favorably for you with a large jury award.
Do You Have to Wear a Seat Belt While Driving in Texas?
Texas law requires drivers and most front-seat passengers to wear seat belts and has special guidelines for child safety seats. Be honest with police officers about whether you were wearing a seat belt during the crash, so the accident report is accurate, even if it means risking a fine.
Do You Need a Lawyer to Sue for Injury if You Weren’t Wearing a Seat Belt?
If you were not wearing a seat belt during a lawsuit and seek compensation without a lawyer, you might misunderstand comparative fault rules and think you deserve less compensation than you truly do, leading you to accept an immediate and unfair settlement offer to get some compensation.
Should You Sue for Injury if You Weren’t Wearing a Seat Belt?
You should still seek compensation if you were injured while not wearing a seat belt, as a lawsuit may cover most of your medical expenses, lost wages, and non-economic damages, other than a small portion that may be attributed to your lack of a seat belt. Don’t assume you can’t sue, or that you should resolve the issue privately with a negligent driver and without involving your insurance, because you weren’t wearing a seat belt.
Call Our Lawyers for Help with Your Car Accident Lawsuit in Texas
Call Cap City Injury Attorneys at (512) 612-3110 to get a free and confidential case analysis from our Georgetown, TX car accident lawyers today.