Can Not Wearing a Seatbelt Impact My Car Accident Claim in California?

Posted on by Naseer Khan
a woman buckles her seatbelt

While many drivers view seatbelts as an uncomfortable inconvenience, they are an integral safety feature for f all vehicles. Despite knowing that seatbelts save lives in the event of an accident, drivers and passengers often opt to go without their seatbelts when hitting the road. However, if an accident does occur, drivers and passengers who fail to fasten their seatbelts may face challenges when pursuing compensation for their injuries.

If you have been injured in a car accident while not wearing a seatbelt, it is essential to contact a knowledgeable car accident attorney. At NK Law Group, we understand the complexities of California’s seatbelt laws and are ready to apply our knowledge and skills to your case. When you partner with us, we will work with you to understand every detail of your accident and fight for the compensation you deserve.

California’s Seatbelt Laws

To understand the impact of not wearing a seatbelt on your case, it is essential to understand California’s seatbelt laws. Under California law, all drivers and passengers in a motor vehicle over the age of eight must wear a seatbelt while on a highway. Children under eight years old must be restrained in an appropriate car seat.

It is essential to note that the term “highway” in this case does not only refer to high-speed freeways. According to the law, a highway is defined as any publicly maintained roadway. In other words, you are legally required to buckle up every time you operate or ride in a motor vehicle.

Can I File a Car Accident Claim if I Was Not Wearing a Seatbelt?

Fortunately, disobeying this law does not automatically revoke your right to compensation if you suffered an injury in a car accident. However, it may significantly complicate your case. If you were injured in a car accident while not wearing a seatbelt, having an experienced attorney in your corner is vital. If your case proceeds to trial, the defendant may utilize the seatbelt defense in an attempt to reduce their liability and the damages you may be owed. If the defendant employs the seatbelt defense, the jury will be asked to consider the following:

  • Whether or not a functional seatbelt was available
  • Whether other reasonable and cautious individuals would have used a seatbelt in a similar situation
  • Whether your injuries could have been mitigated if you opted to wear a seatbelt

At NK Law Group, we will consider every detail of your case and fight aggressively for the total value of your claim, even if you failed to fasten your seatbelt. We understand the complex laws surrounding these cases and have a proven track record of achieving favorable results for our clients and recovering the compensation they need to move their lives forward.

Speak to a Seasoned Car Accident Attorney at NK Law Group

Victims often suffer severe physical, emotional, and financial distress following a car accident. If you were injured in a car accident, do not let failing to wear a seatbelt stop you from seeking the compensation you deserve. At NK Law Group, we have decades of experience helping clients in California hold negligent parties fully accountable for their accident-related losses. When you retain our services, we will work tirelessly to protect your rights so you can focus entirely on your healing and recovery. To learn more and schedule a free consultation, call us today at (510) 519-9497 or complete our contact form.

Naseer Khan, Esq.

EXPERTLY REVIEWED BY

Naseer Khan, Esq.

November 3 2022

Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.

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