If you were injured in a car accident but weren’t wearing a seatbelt, you may be wondering if you can still pursue compensation for your injuries. The short answer is: yes, you may still be able to file a personal injury claim in California—but your compensation could be reduced.
At Shaumyan & Derbarseghian, LLP, we’ve helped clients in complex situations, including those where seatbelt use (or lack thereof) becomes a key issue. This blog breaks down how California law views seatbelt use in injury claims and what that means for your case.
California’s Seatbelt Law: What You Need to Know
Under California Vehicle Code Section 27315, all drivers and passengers are legally required to wear seatbelts. Failing to do so can result in a traffic citation and may influence the outcome of a personal injury case.
However, not wearing a seatbelt does not bar you from filing a claim. California law uses a comparative fault system, which means your actions are weighed against those of the other party to determine your final compensation.
How Comparative Fault Works
In California, if you’re found partially at fault for your injuries, your compensation is reduced by the percentage of your responsibility. Here’s how that plays out:
- You were hit by a drunk driver and suffered $100,000 in damages.
- The court determines you were 20% at fault because you weren’t wearing a seatbelt.
- You would still receive $80,000—your total damages minus 20%.
This legal concept is called “pure comparative negligence.” Even if you are found to be 99% at fault, you can still technically recover the 1% of damages caused by someone else.
How Not Wearing a Seatbelt Can Affect Your Claim
Failing to wear a seatbelt may impact your case in several ways:
- Defense Tactics: The at-fault driver’s legal team may argue that your injuries were worsened by your lack of seatbelt use, reducing their liability.
- Medical Testimony: Experts may be brought in to determine whether your injuries would have been less severe if you were wearing a seatbelt.
- Settlement Negotiations: Insurance companies may use seatbelt non-use to push for a lower settlement, even before trial.
This is why having an experienced personal injury attorney is crucial. We know how to challenge exaggerated claims of contributory negligence and ensure you aren’t unfairly blamed.
Proving Liability: Seatbelt or Not
The most important part of any personal injury case is proving that another party was negligent. In a car accident, that could include:
- Speeding
- Running a red light
- Driving under the influence
- Distracted driving
If the other party’s negligence caused the accident, you have a right to seek compensation regardless of your seatbelt status.
What Damages Can You Still Recover?
Even if you weren’t wearing a seatbelt, you may be able to recover compensation for:
- Medical expenses
- Lost wages
- Future medical care
- Pain and suffering
- Property damage
The key is building a strong case backed by evidence, documentation, and expert testimony when needed.
What to Do After an Accident Without a Seatbelt
- Seek medical attention immediately.
- Document everything: photos, police reports, witness info, and medical records.
- Don’t admit fault or discuss seatbelt use with insurers.
- Contact a personal injury attorney before making any statements.
How Shaumyan & Derbarseghian, LLP Can Help
We understand that accidents are rarely black and white. If you were injured in a crash but weren’t wearing a seatbelt, we can still help you:
- Evaluate your legal options
- Handle negotiations with insurers
- Challenge unfair claims of comparative fault
- Maximize your compensation
Our firm fights for clients in even the most difficult cases. We offer free consultations and work on a contingency basis—you don’t pay unless we win.
Final Thoughts
Not wearing a seatbelt may complicate your claim, but it doesn’t eliminate your rights. You shouldn’t have to bear the financial burden of someone else’s reckless driving. With the right legal strategy, you can still recover the compensation you deserve.
Contact Shaumyan & Derbarseghian, LLP today for a free consultation. We’ll review your case, explain your options, and stand by your side every step of the way.
