Wearing a seatbelt is one of the simplest ways to protect yourself while driving, but what happens if you’re involved in a car accident and weren’t wearing one? Can this affect your ability to file an injury claim? At Weiss & Farrokh, we understand the complexities surrounding car accident claims in Sherman Oaks, CA, and how something as simple as a seatbelt can influence the outcome of your case. In this blog post, we’ll explore how not wearing a seatbelt might impact your injury claim.
California’s Seatbelt Laws
California law requires all drivers and passengers to wear seatbelts while in a moving vehicle. According to California Vehicle Code § 27315, failure to wear a seatbelt can result in fines and penalties. More importantly, not wearing a seatbelt during an accident can complicate your ability to recover damages in an injury claim.
The Role of Comparative Negligence
California follows the principle of comparative negligence, which means that if you are partially at fault for your injuries, your compensation can be reduced proportionally. For example, if you were not wearing a seatbelt at the time of the accident, the insurance company might argue that your injuries were more severe due to this choice, thereby reducing your compensation.
- Example Scenario: If you’re found to be 20% responsible for your injuries because you weren’t wearing a seatbelt, and your total damages are calculated at $100,000, your compensation could be reduced by 20%, leaving you with $80,000.
Learn more about how comparative negligence might affect your case, visit our Car Accident Attorney page.
Proving the Impact of Not Wearing a Seatbelt
Even if you weren’t wearing a seatbelt, you can still pursue compensation, but it’s crucial to demonstrate that your injuries were primarily caused by the other driver’s negligence, not by your failure to wear a seatbelt. This might require:
- Medical Evidence: Showing that your injuries would have occurred regardless of whether you were wearing a seatbelt.
- Expert Testimony: Having an expert witness testify about the mechanics of the crash and how the lack of a seatbelt did or did not contribute to your injuries.
Insurance Company Tactics
Insurance companies often try to minimize payouts, and if you weren’t wearing a seatbelt, they may use this to argue that you are partially at fault for your injuries. They might attempt to reduce your settlement or deny your claim altogether. This is why it’s essential to have an experienced attorney who can counter these tactics and fight for the compensation you deserve.
How Weiss & Farrokh Can Help
At Weiss & Farrokh, we understand the challenges you may face when filing a claim if you weren’t wearing a seatbelt. Our team can help by:
- Evaluating Your Case: We’ll assess the specifics of your accident and determine how not wearing a seatbelt might impact your claim.
- Building a Strong Case: We’ll gather evidence, including medical records and expert testimony, to demonstrate that the other driver’s negligence was the primary cause of your injuries.
- Negotiating with Insurers: We’ll handle all communications with the insurance companies to ensure they don’t unfairly reduce your compensation due to the seatbelt issue.
Frequently Asked Questions
- Can I still file a claim if I wasn’t wearing a seatbelt?
Yes, you can still file a claim, but your compensation may be reduced under California’s comparative negligence laws. - How much can not wearing a seatbelt affect my claim?
The reduction in your compensation depends on how much the lack of a seatbelt contributed to your injuries. This will be determined during the claims process. - Should I consult an attorney if I wasn’t wearing a seatbelt?
Absolutely. An experienced attorney can help protect your rights and ensure that you receive fair compensation, even if you weren’t wearing a seatbelt.
Not wearing a seatbelt during a car accident can complicate your injury claim, but it doesn’t mean you’re not entitled to compensation. If you’ve been involved in a car accident in Sherman Oaks, CA, and weren’t wearing a seatbelt, contact Weiss & Farrokh today for a free consultation. Our dedicated attorneys are here to help you navigate the complexities of your case and secure the compensation you deserve.
