Failure to Wear Your Seat Belt Can Lower the Value of Your Claim

Hurt in a car accident but weren’t wearing your Seatbelt?

Since 2009, Texas law requires that all vehicle occupants wear a seat belt. Accident injuries incurred while not wearing a seat belt can significantly reduce your potential recovery compensation.

In Texas, your right to seek compensation from the insurance company following a car accident is based on fault, as well as comparative negligence.

Texas is a “modified comparative fault” state, meaning that you can only recover compensation from the other driver’s (or their insurance company) if they were determined to be at least 51% at-fault for the accident. Additionally, your overall award can be reduced based on your own negligence.

For instance, someone who causes a crash by running a red light will always be more than 50% at-fault — but jury might place a small percentage of fault on you for failing to take evasive actions. In this example, let’s say the jury puts 90% of the fault on the other driver, and 10% on you.

If the jury awards you $1,000,000, this will be reduced by the 10% of fault placed on you, leaving you with a $900,000 payout.

But if for example you were not wearing your seat belt at the time, a jury may decide that this contributed to the severity of your injuries. If they then put 30% of the blame on you, your $1,000,000 judgment will be reduced by 30%, leaving you with a total recovery of $700,000.

Don’t listen to the insurance company. Listen to your lawyer.

You must understand that the insurance company is not on your side. They’re looking to pay out as little as possible, and have no problem lying to your face when it comes to your potential claim. They may deny your claim outright, or lie and tell you that they cannot offer you a settlement over a certain number.

A good Dallas car accident attorney, on the other hand, is always looking out for your best interests. They will handle ALL communication with the insurance company, and will work to get you every penny you’re owed.

Your attorney will argue on your behalf that the fact that you were not wearing a seat belt doesn’t nullify the recklessness with which the other party acted, and can use evidence and case law to prove you’re owed the money you’re seeking.

Want to know more about comparative negligence as it relates to your car accident case? Give us a call right now at (214) 651-6100 to learn more about your legal options, as well as how we may be able to help you on a no-win no-fee basis.