All drivers know that wearing a seatbelt is a legal requirement. However, many still view it as an optional safety measure. However, deciding not to buckle up can have significant consequences beyond your physical safety. It can be difficult to recover compensation for your injuries if you’re involved in an accident where you failed to wear your seatbelt. Let’s explore the link between wearing a seatbelt and pursuing an accident claim.
The Dangers of Not Wearing a Seatbelt
While wearing a seatbelt can seem like an unnecessary nuisance, the reality is that seatbelts serve an obvious and well-researched purpose. Vehicle collisions can be perilous, and victims can suffer severe injuries. However, it’s crucial to remember that your vehicle protects you from how severe a collision would be if you were outside your car.
Seatbelts serve the critical purpose of keeping your body inside the car, no matter what forces strike the outside. You are much more likely to be completely ejected from the vehicle without a seatbelt, especially in high-speed collisions. Tragically, almost all vehicle ejections result in fatality. The risk of death by ejection increases significantly for teenagers, children, and babies.
Many drivers avoid seatbelts because of irritation and the belief that seatbelts can make accidents worse. In truth, seatbelts can lead to severe bruising, broken bones, and lacerations. Still, the forces that cause those injuries can be deadly without them. It is critical to wear your seatbelt correctly whenever you drive—even to the corner café. Wearing your seatbelt is non-negotiable to protect yourself in an accident.
Seatbelt Laws in California
Every state in the U.S. requires seatbelts except New Hampshire. California strictly enforces its seatbelt regulations, which were altered in 1993 to make not wearing a seatbelt a primary offense. A primary offense means a driver can be pulled over by police and ticketed for not wearing a seatbelt. Breaking seatbelt laws in California is considered a serious offense and can lead to fines upwards of $100.
Seatbelt Use and Comparative Negligence
Comparative negligence is a legal principle that attributes a percentage of fault to each party involved in a negligence claim. Any compensation awarded to the plaintiff can then be reduced by the percentage of fault they have been assigned. Some states use a “modified comparative negligence” system, which allows plaintiffs to receive compensation if their fault falls below a set threshold (typically 50%).
California follows “pure comparative negligence” laws, which allow a plaintiff to receive compensation even if they are 99% at fault for the incident. So, if a driver without a seatbelt is injured in an accident, they will be assigned a percentage of fault, affecting their total compensation.
The reasoning is that if the injured party had been wearing a seatbelt, their injuries may have been less severe. Their failure to wear a seatbelt contributed to their injuries. Therefore, the person who caused the accident isn’t 100% at fault for the injuries. The exact percentage of fault assigned can depend on other contributing factors. Still, any broken law will lead to an increased fault percentage.
There may be situations where wearing a seatbelt would not have made any difference, such as a smaller car being destroyed by a truck. In those rare instances, the plaintiff’s lawyer must present evidence proving that a seatbelt would not have affected the plaintiff’s injury severity.
Insurance Challenges
In addition to comparative negligence, a claimant may face insurance challenges for not wearing a seatbelt. In California, failure to wear a seatbelt does not prevent you from filing a claim with your insurer. However, they may use it as an argument to reduce your payout. Most insurance providers will use any broken laws as justification to minimize your claim or deny it outright.
Some insurers even include clauses stating that their claim will be void should the policyholder break the law at the time of the accident. It is imperative to follow all road rules at all times to prevent insurance challenges in the event of an accident. Adhering to seatbelt laws reduces the risk of serious injury and minimizes your risk of having your claim denied.
The Hidden Costs of Failing to Wear Your Seatbelt
Wearing a seatbelt is one of the easiest and most effective ways to protect yourself on the road. Seatbelt use dramatically reduces your risk of serious injury or death. It has a significant effect on how potential accident claims are handled. California’s strict seatbelt laws and comparative negligence rules mean that failing to buckle up can cost you physically and financially.
If you’ve been injured in an accident while not wearing a seatbelt, contact HHJ Trial Attorneys. You are legally entitled to pursue a claim, and our experience and knowledge will support you throughout.
