Whether you wear your seatbelt or not can have a significant impact on the outcome of your car accident injury claim. Many people incorrectly assume that wearing a seatbelt doesn’t matter when another driver is clearly at fault for causing an accident, but California’s comparative negligence rule is the reason why it does.
Although it’s advisable that everyone follows the law and wears a seatbelt to protect themselves, you may find yourself in a situation where you weren’t wearing yours when you were injured in a car accident. If so, keep reading to learn more about how this issue could impact your personal injury claim.
Comparative Negligence in California
In California, comparative negligence is the standard for evaluating liability in any personal injury claim. This rule requires the courts to examine a claimant’s claim and assess how much fault to attribute to them and the defendant for the claimant’s injuries.
In other words, the court begins with the assumption that both parties are equally at fault for the claimant’s injuries. After evaluating each side’s evidence, however, the court assigns a percentage of fault to each party. This percentage is important because it determines whether the claimant can collect damages and how much the defendant owes.
How Does Wearing a Seatbelt Affect a Car Accident Claim?
When a claimant fails to wear a seatbelt, the defense may argue that the injuries sustained could have been less severe if the seatbelt had been worn. As a result, the compensation awarded for damages such as medical expenses, lost wages, and pain and suffering may be reduced.
For example, if a court finds that not wearing a seatbelt contributed 20% to the severity of the injuries, the total compensation might be reduced by that percentage.
Failing to Wear a Seatbelt Can Cause Significant Injury or Death
When someone doesn’t wear their seatbelt, the risk of suffering a significant injury or dying in a car accident drastically increases. The National Highway Traffic Safety Administration (NHTSA) found that in 2022, nearly 13,000 people who were killed in passenger vehicle car accidents weren’t wearing their seatbelts.
Unfortunately, even low-speed accidents can cause catastrophic injuries such as:
- Head injuries
- Neck and spinal cord injuries
- Internal organ damage
- Facial and dental injuries
- Paralysis
- Bone fractures
If you sustained injuries such as these during a car accident, you may have expensive medical bills, physical therapy costs, lost wages, and other damages to pursue. An experienced personal injury lawyer can provide the representation you need to have the best possible chance of success, even if you weren’t wearing your seatbelt.
Contact Us for a Free Consultation
Smolich and Smolich offers those with personal injury claims a complimentary opportunity to meet with an attorney who can help them assess their claim. If we believe we can help you recover compensation for your injuries after a car accident, our lawyers can provide you with the legal advice and services you need to move forward.
Take advantage of scheduling your free consultation with us when you contact Smolich and Smolich today.