Can Not Wearing a Seatbelt Impact My Car Accident Claim in Texas? - Dale Rose. PLLC

07th September 2021     Sophia Hogg

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

Every time a person gets into their car, the first thing they should do is put on their seatbelt. Not only is it the law, but it may be the difference between life or death when a car accident occurs. It has been reported that of those not wearing a seatbelt at the time of a car accident, the mortality rate is 47%. 

Dale R. Rose is an award-winning car accident injury lawyer who has experience helping victims of Texas car accidents file their personal injury claims. If a situation occurs in which you are not wearing a seatbelt at the time of a car accident, you may be wondering if this will impact your car accident claim in Texas. 

Can You File a Car Accident Claim If You Were Not Wearing a Seatbelt?

Texas law states that all drivers and passengers must be wearing a seatbelt while in a moving vehicle. While you may have been breaking the law by not wearing a seatbelt, you still have the right to file a car accident injury claim. The fact that you were not wearing the seatbelt at the time of the accident may affect the amount of compensation you are awarded for your losses. However, with the help of an experienced car accident injury attorney, you may still be able to build a strong injury claim. 

Texas Law Allows Evidence Showing the Failure to Wear a Seatbelt

After a Texas car accident, it is important to understand whose negligence led to the accident occurring in the first place. Texas law once stated that whether or not a person was wearing a seatbelt at the time of the accident was irrelevant to identifying who was at fault. However, this rule has been reversed. This means that the other party may now provide evidence showing that you were not wearing a seatbelt when the accident occurred. While you may not have caused the accident, this evidence will allow a court to determine the following factors that may harm your claim:

  • To what extent the lack of wearing a seatbelt contributed to the losses suffered by the victim
  • If the passengers were partially at fault for their lack of wearing a seatbelt 

Even though filing a claim for an accident where you were not wearing a seatbelt may seem hopeless, an experienced car accident injury attorney may be able to still build you a solid claim as you seek compensation for your losses.

What is Comparative Negligence in Texas Car Accident Claims?

After being injured in a car accident, you may want to file a claim in pursuit of compensation that may be owed to you due to another driver’s negligence. Under Texas law, the comparative negligence process is used to “compare” how much your negligence contributed to your injuries. After determining that amount, the compensation you receive may be decreased by that number. Each accident claim is different, so it is impossible to determine the exact amount, but with the help of a Texas car accident injury attorney, they may be able to reduce that amount for your benefit. 

Partner With an Experienced Car Accident Lawyer in Texas

Wearing a seatbelt is one of the best ways to keep yourself safe while riding in a motor vehicle. However, even if you weren’t wearing a seatbelt at the time of the accident, you still may be able to pursue a case for a recovery. Contact our team today to learn more.

Dale R. Rose has been helping victims of car accidents build strong injury claims since 1992. Offering clients award-winning service, Attorney Rose is proud to provide each of his clients with the personalized and dedicated representation they deserve. For a free consultation, fill out this contact form or call (972) 634-7673.


Dale R. Rose

Personal Injury Lawyer

If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.

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