Close up of a young hand buckling up a seat belt

Can I Pursue Compensation for Car Accident Injuries If I Wasn’t Wearing a Seatbelt?

Seatbelts are very helpful in preventing serious injuries as a result of car accidents. However, not everyone remembers to buckle up each time they enter a vehicle.

According to the Texas Department of Transportation (TxDOT), vehicle occupants must wear a seatbelt at all times or face penalties. You may be fined up to $200 for failing to buckle up.

If that’s not enough motivation to wear a seatbelt, when you wear one, your risk of dying in a car accident when sitting in the front seat is reduced by 45%. For pickup truck occupants, wearing a seatbelt reduces the risk of fatal injuries by 60% because pickups have a higher probability of rolling over in a crash than passenger vehicles.

Since Texas has laws that require the use of seatbelts, you may wonder whether you can pursue compensation for your injuries in a car accident if you weren’t wearing one. Here’s what you need to know:

Yes, You Can Still Pursue Compensation

The comparative negligence law in Texas allows you to recover financial compensation if you are injured in a car accident, even if you weren’t wearing your seatbelt at the time of the crash.

Under comparative fault, the amount of money you can recover for your losses is deducted by a percentage equivalent to your degree of fault for not wearing your seatbelt.

Texas follows the modified comparative negligence rule which states that all parties involved in the injury-sustaining crash can be held accountable for damages according to their individual share of the blame. However, if you are found to be responsible for more than 50% of the accident, you will not be able to recover any compensation for your losses at all.

We’re Here to Help

If you’ve been hurt in a crash through no fault of your own, you may be owed compensation. Let our team see if we can help you recover it.

Call our firm today at (512) 400-3278 or fill out the online contact form to learn more about your options.