Can I Still Recover Damages if I Was Not Wearing a Seatbelt?

Practice Areas Car Accidents Can I Still Recover Damages if I Was Not Wearing a Seatbelt?

Imagine you were in a car accident in California, and you were not wearing a seatbelt. You might worry that this will prevent you from recovering compensation for your injuries. However, under California law, failing to wear a seatbelt does not automatically block you from seeking damages. While it may affect the amount you ultimately receive, you can still file a claim against the party responsible for the crash.

If you find yourself in this situation and need legal guidance, reach out to the Los Angeles car accident attorneys at Banafshe Law Firm, PC. We will review the facts of your case at no cost to you and advise you as to whether you have a claim. If you choose us to represent you, we will not charge legal fees unless we win your case. Contact us today to schedule your free case evaluation.

Why Doesn’t Seatbelt Use Automatically Bar Recovery in California?

Many people believe that if you are not wearing a seatbelt, you cannot recover damages in an accident claim. However, California Vehicle Code § 27315 makes it clear that seatbelt violations do not by themselves prove negligence. Failing to buckle up does not automatically make you at fault for the crash, nor does it completely bar you from obtaining compensation. In other words, you can still hold a negligent driver responsible for hitting you, but your own behavior may come into play when the court or insurance companies decide how much you deserve.

California law recognizes that while everyone should wear a seatbelt for their own safety, an oversight like this should not deprive you of the right to seek damages if another person’s reckless driving caused the collision. Courts and insurance companies consider many factors when determining liability, and seatbelt use is only one piece of the puzzle. However, not wearing a seatbelt can still affect the final compensation award by influencing how much your injuries were worsened by your choice not to buckle up.

What Is The “Seatbelt Defense”?

The "seatbelt defense" is an argument the other side may use, claiming your injuries would have been less severe if you had worn a seatbelt. This defense tries to reduce the amount you can recover by showing that you did not do everything you could to protect yourself. In practice, their lawyers or insurance adjusters will investigate:

• Whether your injuries are consistent with being thrown from your seat
• Medical reports or expert opinions showing seatbelt usage could have prevented certain types of trauma
• Statements you made about your seatbelt habits
• Any photographic evidence or witness accounts suggesting you were not belted in at the time of the crash

If the defense succeeds in proving that your injuries were made worse by your own decision to go without a seatbelt, the court may reduce the damages you receive. This does not erase the other driver’s liability, but it allows the defense to offset some costs by pointing to your part in your own injury severity.

What Factors Will The Court Consider?

Just because you were not wearing a seatbelt does not mean the court or jury will automatically blame you. A thorough examination of the entire accident is key.

The court will look at:

• Accident Circumstances: The time of day, road conditions, weather, and specific events leading up to the crash all matter. Was the other driver speeding, distracted, or under the influence? Did you have any reason for not wearing a seatbelt, such as a recent medical procedure that made it uncomfortable?
• Your Specific Injuries: Some injuries may have been entirely avoidable by wearing a seatbelt, while others might have occurred regardless. If the court finds certain damages are directly tied to the lack of a seatbelt, those may be excluded or reduced. Injuries unrelated to seatbelt usage might still be fully compensable.
• Evidence Provided By The Defense: They might present expert testimony or crash reconstructions showing how a seatbelt could have changed the outcome. If their evidence is weak or speculative, the court may not place much weight on it.

By weighing these factors, a judge or jury can decide how much your seatbelt use (or lack thereof) contributed to your injuries, if at all. It is not a black-and-white issue, and each case is unique.

When Should You Contact Our Los Angeles Car Accident Lawyers?

If you have been hurt in a collision and were not wearing a seatbelt, speaking to an attorney early can make a substantial difference in the outcome of your case. It is important to gather evidence, locate witnesses, and document your injuries as soon as possible. Insurance companies often look for ways to reduce or deny claims, and the seatbelt issue might become a central point in their strategy.

With a dedicated lawyer from Banafshe Law Firm, PC, on your side, you will have someone to:

• Investigate the accident thoroughly
• Challenge any misleading or overstated seatbelt defense arguments
• Work with experts who can accurately assess whether seatbelt use would have changed the nature of your injuries
• Calculate the full scope of your damages, including current and future medical bills, lost wages, and emotional distress

By addressing the seatbelt issue head-on, your attorney can aim to minimize any reduction in your compensation.

Short Answer: Yes, You Can Still Recover Damages

Even if you were not wearing a seatbelt in a California car accident, you have the right to file a claim. The law does not support the idea that your seatbelt choice completely bars you from compensation. You need to prove, however, that the other driver’s negligence was a key cause of the crash—and if the court finds your injuries would have been less severe with a seatbelt, your overall award might be reduced. This does not prevent you from seeking fair compensation; it just means you must be prepared to address the seatbelt defense.

Contact a Los Angeles Car Accident Attorney Today

If you are unsure about how seatbelt usage might affect your claim, call our Los Angeles car accident lawyers at 855-997-6599 or contact us online. We are ready to give you clear advice and fight for the compensation you deserve. With over 20 years of experience and a track record of successful outcomes, Banafshe Law Firm, PC, is committed to guiding you every step of the way.

We stand by our no-fee-unless-we-win guarantee, ensuring that you face no financial risk in seeking justice for your injuries. Reach out to our Los Angeles car accident attorneys today for a free consultation, and let us help you on your path to recovery.