When filing a California car accident claim, not wearing a seatbelt should not affect your ability to pursue compensation. This is especially true if the crash results from another driver’s negligence. However, there are instances where insurance providers use this to reduce your settlement.
In this article, you will learn how not wearing a seatbelt may affect your claim and what you can do to avoid such legal complexities and receive compensation.
Why Do I Need to Wear a Seatbelt While Driving?
According to the National Highway Traffic Safety Administration, buckling up remains the most effective step in protecting oneself from a car accident. Using a seatbelt acts as a critical barrier between vehicle occupants and the possible hazards of a collision, drastically lowering the likelihood of serious injuries or fatalities.
A study titled “The impact of seatbelts in limiting the severity of injuries in patients presenting to a university hospital in the developing world” supported such a claim as it was discovered that the mortality rate among patients who neglected to use seatbelts stood at a striking 79%.
Fortunately, in the United States, most people understand the life-saving importance of seat belts. Recent numbers from 2023 show a commendable national seatbelt utilization rate of 91.9%.
Despite this, there are still several crashes involving individuals not wearing seatbelts. This is why it is crucial to understand how such preventive measures can help save lives in a car accident.
- Seatbelts help reduce the risk of serious injury or ejection from the vehicle by dispersing the impact force over the body’s stronger parts, like the chest and pelvis.
- The risk of being thrown from the car is reduced when a seatbelt is used. Ejection is one of the main reasons that accidents result in deadly injuries.
- Wearing a seatbelt can prevent or reduce the severity of injuries sustained in an accident. Consequently, the total cost of medical care for injuries sustained in an accident is decreased.
Not only is it legally required, but wearing a seatbelt is also a wise safety measure that reduces the likelihood of injuries or fatalities in a car accident. It is an easy-to-use yet effective way to keep others and yourself safe when driving.
Is It Illegal to Not Wear a Seatbelt in California?
All vehicle occupants in California, regardless of age or seating location, must always wear seat belts. According to California Vehicle Code 27315, individuals aged 16 and above must fasten their seat belts, whether driving or riding as passengers. Vehicle owners are also responsible for maintaining seat belts in good working condition under this law.
Similarly, California law mandates using child safety seats when traveling with children. The Occupant Protection Law emphasizes the importance of employing safety measures, such as seat belts and child restraints, to protect passengers in motor vehicles, particularly children.
Under this law, the following must be met when traveling with children:
- Children under two must be secured in a rear-facing car seat unless they weigh 40 pounds or more or measure 40 inches or taller.
- Children under eight must utilize a car seat or booster seat.
- Children eight years old or older, or at least 4’9″ in height, may opt for a booster seat or, at the minimum, must wear seat belts.
Moreover, violating the said legislation may result in several penalties, such as fines. Vehicle occupants must always use seatbelts and other preventive measures to ensure their safety while traveling.
Are Seat Belts Mandatory for Rear Seat Passengers?
CVC 27315 mentions that ALL vehicle occupants should wear seat belts. Hence, even rear-seat passengers must buckle up when traveling on roads and highways.
According to an IIHS research, 25% of people who didn’t buckle up did so because they thought the rear seat was safer than the front. Unfortunately, in a collision, the risk of fatal injuries for drivers doubles if the left rear passenger is not buckled up.
When a car stops suddenly or collides, seat belts help hold passengers in place so they can’t be flung forward and injure other people or the car’s interior. This lessens the chance of other car occupants sustaining injuries from a collision. Regardless of where passengers sit in the car, they must always wear seat belts for road safety.
Can I Seek Compensation for a California Car Accident Without Wearing a Seatbelt?
Typically, you can pursue a personal injury claim for a California car accident if another party’s negligence led to the collision. California law defines negligence in a car accident by specific criteria:
- The driver had a responsibility to ensure safety for all.
- They failed to uphold this duty.
- This failure resulted in the accident.
- The collision caused injuries and related damages.
If you can prove that another driver’s negligence caused your damages, instead of you not wearing a seatbelt, you may be eligible for compensation. For example, a drunk driver hit you. Unfortunately, you were not wearing a seat belt during the crash. As a result, you sustained significant head injuries from the collision.
In this situation, your head injuries result from a drunk driver hitting you instead of you not wearing a seatbelt. Hence, you can file a California car accident claim for compensation.
Does Not Wearing a Seatbelt Affect My California Car Accident Claim?
Yes. Even if you have the right to file a claim, the insurance provider may insist that you contributed to your damages for not wearing a seatbelt, potentially reducing your settlement.
In the scenario above, the insurance provider argues that your injuries should not have been that severe if only you were wearing a seat belt. If the court agrees, your settlement may be reduced depending on how much you contributed to your damages.
Can Not Wearing a Seatbelt Lead to Liability?
Legally, not wearing a seatbelt constitutes liability as it breaches California law. In case of an accident, the absence of a seat belt may also influence liability and your ability to file a claim.
However, if not wearing a seatbelt does not directly cause the accident, you may still pursue compensation for the damages. In such cases, you must prove that your injuries result from another party’s negligence instead of your seatbelt violation.
Under pure comparative negligence, you still have the right to compensation regardless of whether you contributed to the collision. However, depending on your level of negligence, you will likely receive reduced compensation.
If you are deemed 10% liable for a crash, you may receive a 90% settlement. Similarly, the other involved party may contend for 10% compensation. This is why it is recommended that you hire the best lawyer for car accidents to protect your rights despite such legal intricacies.
Lawyer’s Tip: Usually, the initial offer does not compensate for the total damages. However, not all injured victims know this. This is why it is important to consult a California car accident lawyer before accepting any offer from the other party.
Am I Liable If My Passenger Fails to Use a Seatbelt?
Drivers are responsible for their passengers’ safety in all cases. Under CVC 27315, drivers are not only required to use seatbelts but also need to guarantee that their passengers are buckled up. This means that in accidents, specifically solo crashes, they may be liable for their passengers’ injuries and other damages.
How Can the Best Lawyer for a Car Accident Help Me?
If you’re in a car accident without wearing a seatbelt, it shouldn’t automatically impede your ability to seek compensation. However, insurance companies might exploit this violation to diminish your settlement unfairly or even reject your claim outright.
Hiring a California car accident lawyer can protect your legal interests in such situations. They can do the following to win your case:
- Gather sufficient evidence to establish the negligence of the other driver.
- Devise a robust defense to prove the negligence of the at-fault party.
- Assess the entirety of your losses comprehensively.
- Negotiate with the insurance provider.
- Prepare litigation proceedings if required.
If you are looking for a lawyer for a car accident, Jacoby & Meyers has the best and most competent California car accident lawyers who can serve the justice you deserve.
While many legal firms assist individuals seeking compensation for accidents, Jacoby & Meyers stands with our dedicated legal process aimed at protecting your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has steadfastly advocated for the legal rights of individuals involved in amusement park accidents, resulting in substantial settlements. Our track record, which surpasses $2 billion in settlements, underscores our unwavering commitment to our clients.
If you’ve been injured in a California car accident, Jacoby & Meyers is ready to assist you. We offer complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of relying just on our guarantees, consider what satisfied clients say about our services.
“After I was involved in a serious car accident, my attorneys helped me with medical treatment and took care of my medical bills. My questions were always answered, and my attorneys were able to settle in less than three months from my accident.” -Anabella
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Do I Include Lost Wages in My Personal Injury Claim?
- How Can Having a Permanent Injury Affect My Car Accident Claim?
- Can I File an Injury Claim If an Elderly Driver Hits Me?
- Can I Receive Compensation for an Accident with a Rental Car in Sacramento?
- Is A Hit And Run A Felony In California?
Works Cited
“California Vehicle Code 27315.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=27315. Accessed 8 May 2024.
“Child Safety Seats.” California Highway Patrol, https://www.chp.ca.gov/programs-services/programs/child-safety-seats. Accessed 8 May 2024.
“The impact of seat-belts in limiting the severity of injuries in patients presenting to a university hospital in the developing world.” NCBI, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3644739/. Accessed 8 May 2024.
“Seat Belt Safety: Buckle Up America.” NHTSA, https://www.nhtsa.gov/vehicle-safety/seat-belts. Accessed 8 May 2024.
“Seat Belt Statistics in 2024.” The Zebra, 31 January 2023, https://www.thezebra.com/resources/research/seat-belt-statistics/. Accessed 8 May 2024.
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