The phrase “Seat Belts Save Lives” isn’t commonly used for no reason. It is factually dangerous and reckless to drive or ride in a car without a seatbelt.
You’ve been in a serious car accident caused by another driver. Your first concern is your health and well-being. Your second is likely a sinking feeling followed by a critical question: “I wasn’t wearing my seatbelt. Did I just lose my right to a claim?”
Let’s address that fear immediately: No, you do not lose your right to sue if you weren’t wearing a seatbelt.
51% of vehicle occupants killed in car accidents die because they were not wearing a seatbelt. Unfortunately, many people still disobey this law and ignore the consequences. But there are, in fact, consequences of not wearing a seatbelt.
So, let’s take a look at these consequences and the California laws pertaining to seatbelt use.
If you are involved in a San Francisco car accident and have questions and need help handling your personal injury claim, our team at Sally Morin can assist you. We offer free case evaluations and can offer guidance on your best options going forward.
The Law: California’s Seatbelt Requirements
First, let’s cover the basics. California has a universal seatbelt law. California Vehicle Code 27315 requires that the driver and all passengers 16 years of age or older must wear a seatbelt. Children under 16 must be secured in a proper child restraint system.
The fines for a violation are:
- $162 for a first offense for an adult.
- $490 for failing to properly restrain a child.
While a ticket is a consequence, the impact on a personal injury claim can be far more significant.
The Legal Impact: Understanding the “Seatbelt Defense”
Because California is a “comparative negligence” state, a jury can assign a percentage of fault to each party involved in an accident. The “seatbelt defense” is the argument the at-fault driver’s insurance company will make to shift some of the blame for your injuries onto you.
Here’s how their argument works: “We admit our driver caused the crash, but we are not responsible for the injuries that a seatbelt would have prevented. Because the victim chose not to wear a seatbelt, they are partially responsible for the severity of their own harm.”
How this affects your settlement: If a jury agrees, they will assign a percentage of fault to you for “exacerbating your injuries.” Your total compensation for those specific injuries will then be reduced by that percentage.
For example, if you suffered facial fractures and a broken arm totaling $100,000 in damages, and the defense expert convinces a jury that a seatbelt would have prevented 70% of those injuries, your potential recovery for that harm could be reduced by $70,000.
What Is Your Injury Claim Worth?
Understanding the potential starting value of your case is important, especially when a reduction is possible. Our Settlement Calculator can help you get a rough estimate of your total damages—including medical bills, lost wages, and pain and suffering—before any potential reductions are considered.
Personal Injury Settlement Calculator
How a Lawyer Fights the Seatbelt Defense
An experienced personal injury attorney does not simply accept the seatbelt defense. We fight back to protect your compensation. Our key strategies include:
- Focusing on the Cause of the Crash: We emphasize that regardless of your seatbelt use, the other driver’s negligence is the sole reason the accident happened in the first place.
- Challenging the Defense’s “Proof”: The other side has the burden of proving exactly which of your injuries would have been prevented by a seatbelt. This often requires complex expert testimony from biomechanical engineers. We can challenge their expert’s assumptions and present counter-evidence to dispute their claims.
- Arguing the Injuries Would Have Occurred Anyway: In many high-impact collisions, serious injuries can occur even when a seatbelt is worn correctly. We work to show that your specific harm was a result of the crash forces, not your lack of a seatbelt.
- Isolating Damages: We can argue that certain damages, like psychological trauma (PTSD) or some types of orthopedic injuries, are unrelated to seatbelt use and should not be reduced.
A Record of Success in Catastrophic Injury Cases: Our $525,000 Settlement
The goal of the seatbelt defense is to minimize the compensation paid to those with serious injuries. Our firm has extensive experience maximizing recovery for clients who have suffered life-altering harm.
We represented a woman who sustained major injuries in a high-speed rear-end collision, resulting in massive medical bills. Our team built a comprehensive case proving the at-fault driver’s extreme negligence. This thorough preparation was essential in countering the defense’s arguments and securing a $525,000 settlement to cover her medical care, lost income, and long-term suffering.
What Our Clients Say
“Life happens and sometimes you’re put in the position to find a trustworthy, knowledgeable accident lawyer. Sally Morins team offered just that. They made the process so easy on me, and explained everything every single step of the way. Annie and Amber were so helpful throughout my case and I cannot recommend them enough. If you want a team who will be responsive and real with you, choose Sally Morin Law!!” – Maia, Yelp
Read Maia L.'s review of Sally Morin Personal Injury Lawyers on Yelp
“Sally Morin Law was very helpful when I called with some questions regarding my situation. I spoke with Carmen who directed me on next steps and was polite and knowledgeable. I would definitely recommend!” – Jude, Yelp
Frequently Asked Questions About Seatbelt Laws and Accident Claims
We Handle Your Accident Claim So You Can Focus On Your Life
If you were involved in a San Francisco car accident and were not wearing a seatbelt, you will need professional representation to help you defend your case.
Even if you were wearing a seatbelt, the severity of the accident could have been the result of the other party’s negligent actions—such as speeding—so you will need someone on your side who can help you argue your case to ensure you get the full and fair compensation you deserve.
At Sally Morin, we have represented thousands of California clients and are dedicated to providing the best service possible to win a high-value settlement. Call us at 877-380-8852 or contact us online today for a free case evaluation.
