Can I Still Recover Compensation in a Car Accident If I Wasn’t Wearing a Seatbelt?
Being involved in a car accident without wearing a seatbelt does not automatically prevent you from recovering compensation for your injuries in Texas. While wearing a seatbelt is always strongly recommended for safety and can significantly reduce the severity of injuries, the law recognizes that failing to buckle up does not entirely bar your right to pursue a personal injury claim. Insurance companies and defense attorneys may attempt to argue that you contributed to your injuries or failed to mitigate damages, but these arguments can often be effectively countered with the guidance of an experienced personal injury attorney.
A skilled attorney will focus on proving that the other driver’s negligence was the primary cause of your accident and your resulting injuries. They can gather and present evidence, including medical records, accident reports, and witness statements, to demonstrate the full impact of the accident. Defense arguments regarding seatbelt use are just one factor among many in evaluating a claim, and they typically do not prevent you from seeking compensation for medical expenses, lost wages, pain and suffering, emotional distress, or long-term impacts on your life. Even if the defense tries to reduce your recovery due to not wearing a seatbelt, a knowledgeable attorney can negotiate or litigate to ensure your claim reflects the true value of your losses.