Though they can be annoying, wearing a seatbelt is imperative to reducing the risk of catastrophic injuries. Whether you were in a rush and only traveling a short distance or the chafing caused by these belts was starting to become painful, the last thing you expected when you unbuckled was to be involved in an accident. As such, you may wonder whether or not your failure to wear a seatbelt will impact whether or not you can file a claim against a negligent driver. The following blog explores what you should know about these complicated matters and why working with a Sacramento auto accident lawyer is in your best interest following an injury.
Does Not Wearing a Seatbelt Impact My Ability to File a Claim?
First and foremost, it’s important to understand that in California, the law states that all passengers must be properly secured by a seatbelt. The law more specifically states that drivers older than 16 must wear a seatbelt, but it’s imperative to ensure that young children are strapped into booster seats and buckled until they are old enough to wear a seatbelt alone. Regardless, it is illegal to operate a vehicle without a seatbelt, and you will face hefty fines if caught.
The importance of wearing a seatbelt cannot be emphasized enough, however, as studies estimate that just under 15,000 people have been saved by utilizing these safety features.
It’s imperative to understand that even if you were not wearing a seatbelt if you are struck by a negligent driver, you can still pursue a claim against them. Failure to buckle up does not impede your ability to file a claim.
With that said, it’s imperative to understand that failure to wear your seatbelt can impact the outcome of your claim. California adheres to a pure comparative negligence statute, meaning drivers will be held liable for any damages they are found to have caused as part of the accident.
As such, if your failure to buckle up is deemed responsible for 40% of the injuries you endured in the collision, you can still collect compensation. However, the compensation you receive from the other party will be reduced by your percentage of fault in the collision. For example, if you are awarded $10,000, it will be reduced by 40%, leaving you with $6,000 awarded in damages.
Do I Need an Attorney?
If you are involved in a collision in which the other driver was negligent or your accident is the result of poor road conditions, it is in your best interest to work with an experienced attorney to assist you in these matters. It’s imperative to remember that just because you were not wearing a seatbelt does not mean you are not entitled to compensation for the injuries you sustained. As such, working with a lawyer can help give you the best opportunity to fight for the funds you deserve during these matters, even if they are reduced.
At the Law Offices of Dale R. Gomes, our legal team understands how overwhelming it can be to be involved in an accident, which is why we will do everything in our power to help guide you through these complicated issues. When you are hurt and need help, reach out to us today to learn how we can fight for you.