Seat belts save lives. This is more than a public safety slogan; it is a legal and medical reality affecting countless California drivers and passengers each year. But what happens when someone is involved in a car accident and they were not wearing a seatbelt? Can it reduce your insurance payout or personal injury compensation? How does California law handle this situation?
Understanding how the California seat belt law interacts with injury claims and insurance assessments is crucial for anyone navigating the aftermath of a car accident. In this article, we explain the legal obligations to wear seatbelts, how not wearing one may affect your case, and what you should do if you were injured in a crash, whether or not you were buckled up.
What the California Seat Belt Law Says
California’s seat belt law is found under Vehicle Code Section 27315. This law requires all drivers and passengers age 16 and older to wear a properly fastened safety belt while a vehicle is in motion. For children under 16, different requirements apply under California’s child safety seat regulations, which fall under Section 27360.
Drivers are responsible for ensuring that all passengers under 16 are appropriately restrained. Passengers who are 16 or older can be fined individually for noncompliance. The base fine for a seat belt violation is relatively low, around $20 for a first offense; however, the total cost can rise substantially with court fees and penalties.
California law mandates that seat belts be worn in front and rear seats. Exceptions are rare and usually apply only to those with certified medical exemptions or passengers in specific commercial vehicles, like certain taxi services.
In short, under the California safety belt law, you must wear a seatbelt every time you ride in a vehicle, unless a lawful exception applies. Failing to do so is a legal violation, and it can carry consequences beyond a ticket.
Does Not Wearing a Seatbelt Affect Insurance Claims?
The answer is yes. Not wearing a seatbelt during a car accident in California can impact your insurance claim, especially if you suffered injuries. Insurance companies are always looking for ways to reduce their financial responsibility. If they can show that your injuries would have been less severe, or perhaps avoided entirely, they may offer you less compensation if you were wearing a seatbelt.
Insurance adjusters will often investigate whether seatbelt use was a factor in your injuries. If it were, they may argue that you contributed to your injuries by not following the California safety belt law. This argument falls under the legal concept known as comparative negligence.
How Comparative Fault Applies in California
California follows a pure comparative negligence system. This means that if you are partially responsible for your injuries, your compensation will be reduced in proportion to your degree of fault.
Let’s say you are involved in a collision caused by another driver running a red light. You suffered head and chest injuries, and it turns out you were not wearing a seatbelt at the time. If the jury determines that wearing a seatbelt would have reduced your injuries by 25 percent, your total compensation may be reduced by that amount.
This does not mean you lose the right to compensation altogether. The other driver’s negligence is still considered. However, the fact that you violated the California seat belt law may lower your recovery.
Insurance companies often use this strategy to minimize payouts. That is why it is critical to work with a car accident attorney in Los Angeles who understands how to challenge these arguments and protect your rights.
The Legal Impact on Personal Injury Claims
In a personal injury lawsuit, not wearing a seatbelt can complicate your case. Defense attorneys may attempt to shift the blame by arguing that your injuries were not solely caused by the crash, but were made worse by your decision not to buckle up.
If this argument is successful, the court may assign you a percentage of the fault. As discussed earlier, this would reduce your total compensation. While this outcome is not automatic, it can be damaging if not adequately addressed.
An experienced attorney for a car accident can help counter this by presenting expert medical testimony, accident reconstruction, and evidence that shows the extent of your injuries would have occurred regardless of seatbelt use. In some cases, seatbelts do not prevent specific injuries like spinal cord injury, paralysis injury, and traumatic brain injury, and malfunctions may occur. Your lawyer will ensure that your side of the story is heard.
What to Do If You Were Not Wearing a Seatbelt During the Accident
If you were injured in a car crash and were not wearing a seatbelt, you should still seek legal advice immediately. Do not assume that you are not entitled to compensation. Here are the steps you should take:
- Seek medical attention immediately. Even if you feel fine, internal injuries can develop over time. Having a medical record helps establish the extent of your injuries.
- Do not admit fault. When speaking with police, insurance adjusters, or other drivers, avoid admitting blame or saying you were not wearing a seatbelt. Provide facts only.
- Preserve evidence. Take photos of the vehicles, your injuries, and the scene. Collect witness contact information and request the police report.
- Consult with a personal injury attorney. Hiring an LA injury lawyer who understands California safety belt law and how to navigate comparative fault is crucial.
Even if the other side tries to use the seatbelt defense, your lawyer may be able to demonstrate that the other driver’s actions were the primary cause of the crash and that your injuries were not avoidable even with a seatbelt.
Injured in a Crash? Seatbelt or Not, You Still Have Rights
At LA Injury Lawyers, we have represented many clients injured in collisions while not wearing a seatbelt. We understand how California seat belt law intersects with personal injury and insurance matters, and we know how to push back when insurers or opposing counsel try to reduce your claim.
Whether or not you complied with the law at the time of your accident, you deserve a chance to pursue fair compensation. We can evaluate your case, explain your rights, and develop a strategy to move forward.
Recent Results:
- $11 Million – Brain injury victim
- $10 Million – Rear-end collision
- $8.2 Million – Comparative fault case involving partial seatbelt use
- $7 Million – Passenger injury with disputed liability
Call today to schedule your free consultation.
(818) 539-5390
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6200 Canoga Ave Suite 310, Woodland Hills, CA 91367
Frequently Asked Questions (FAQs)
- Is it illegal to ride without a seatbelt in California?
Yes. Under the California safety belt law, all drivers and passengers age 16 or older must wear seatbelts. There are limited exceptions, such as medical exemptions with documentation. - Can I still file a claim if I was not wearing a seatbelt?
Yes. You can file a claim and pursue compensation. However, the insurance company or opposing party may argue for reduced liability. - How much could not wearing a seatbelt affect my claim?
It depends on the circumstances. If a court finds you 20 percent responsible for your injuries, your compensation would be reduced by that amount. - Can the other driver still be held responsible?
Yes. If the other driver caused the accident, their negligence is still a major factor. Not wearing a seatbelt may affect damages, but not overall liability. - Should I hire a lawyer if I was not wearing a seatbelt?
Absolutely. A lawyer can help present your case in the best light, collect expert testimony, and ensure your legal rights are upheld.
