If you’ve been involved in a car accident in Texas and were not wearing your seatbelt at the time of the crash, you may be wondering whether you can still pursue an injury claim and recover compensation. While seatbelt use is an important factor in car accident cases, Texas law allows you to pursue a claim even if you were not wearing your seatbelt at the time of the accident. However, certain legal challenges, such as modified comparative negligence, could impact your compensation. Here’s how the car accident lawyers at Loncar Lyon Jenkins can help you navigate these challenges and recover the compensation you deserve.
What Is a Car Accident Injury Claim?
A car accident injury claim is a legal action you take to recover compensation for the injuries, damages, and losses you sustained in a car accident. This claim is typically filed against the at-fault driver’s insurance or, if necessary, through a lawsuit. You may seek compensation for things like:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Even if you were not wearing a seatbelt, the other driver’s negligence can still be the basis of your claim, and the auto accident lawyers at Loncar Lyon Jenkins can help you navigate the process.
Can You Pursue a Claim in Texas Without a Seatbelt?
Yes, you can still pursue a claim in Texas even if you were not wearing a seatbelt. However, there are several legal nuances and challenges to consider.
Texas Law on Seatbelt Use
Texas law mandates that all passengers in a vehicle must wear a seatbelt while the vehicle is in motion. Failure to wear a seatbelt can result in a traffic citation, but it does not automatically bar you from seeking compensation if you’re injured in an accident. While wearing a seatbelt is critical for safety, Texas does not require it to be a determining factor in the liability of the other driver.
Comparative Negligence in Texas
Texas follows a modified comparative negligence rule, which means that your degree of fault in the accident can affect the compensation you are entitled to. If you were not wearing a seatbelt, you may be found partially at fault for your injuries, which can reduce the amount of compensation you can recover.
How Does Not Wearing a Seatbelt Affect Your Claim?
While not wearing a seatbelt may not prevent you from pursuing a claim, it can affect the amount of compensation you receive and introduce legal challenges. Here’s how:
Impact on Compensation
In Texas, if you are found partially at fault for your injuries because you weren’t wearing a seatbelt, your compensation can be reduced. For example, if you are deemed 10% at fault for not wearing a seatbelt, your overall damages would be reduced by 10%. The key is proving that the other party was primarily responsible for the accident.
Reduction in Damages Awarded
Your failure to wear a seatbelt could be used by the defense to argue that you contributed to your injuries. While this may reduce the amount of compensation awarded, it will not prevent you from recovering damages entirely unless you are found to be more than 50% at fault. The car accident lawyers at Loncar Lyon Jenkins can help minimize the impact of this argument on your case.
Jury Perception of Fault
In a trial, the jury may view your decision not to wear a seatbelt as contributory negligence, which could influence their perception of fault. Your attorney will work to ensure the jury understands that the primary responsibility for the accident rests with the other driver.
Proving Negligence of the Other Party
Even if you weren’t wearing a seatbelt, your attorney can still pursue the claim by proving that the other driver was negligent. This could involve:
- Failing to yield the right of way
- Driving under the influence of alcohol or drugs
- Speeding or reckless driving
The car wreck lawyers at Loncar Lyon Jenkins will gather evidence, including police reports, accident scene photos, and witness statements, to demonstrate that the other driver was responsible for causing the crash.
Collecting Evidence
To recover compensation, the evidence is crucial. Your lawyer will help gather:
- Police reports documenting the accident
- Photos of the accident scene and vehicle damages
- Witness statements supporting your version of events
- Medical records linking your injuries to the crash
This evidence will help support your case, even if you were not wearing your seatbelt.
Witness Statements
If there were witnesses to the crash, their testimony can be invaluable. Their statements can support your version of events and provide further proof of the other driver’s negligence.
Steps to Pursue a Car Accident Injury Claim in Texas
If you’ve been involved in a car accident in Texas, following these steps will help protect your right to recover compensation:
Report the Accident
It’s important to report the accident to the police immediately. In Texas, you must report the accident to the police within 10 days if anyone is injured or if there is significant property damage.
Seek Medical Attention
Even if you don’t feel injured immediately after the accident, you should seek medical attention right away. Some injuries, such as whiplash or internal injuries, may not be immediately apparent. A medical professional can document your injuries and provide a link between the accident and your health issues.
Documentation of Injuries
All medical visits, prescriptions, therapy sessions, and any ongoing treatment should be thoroughly documented. This will play a critical role in proving the extent of your injuries and the financial damages caused by the accident.
Consult with a Car Accident Attorney
After seeking medical attention, you should consult with an auto accident attorney to discuss your case. At Loncar Lyon Jenkins, our car crash lawyers will provide a free initial consultation to evaluate your claim, help you understand your options, and begin building your case.
Contingency Fee Basis
Our auto accident attorneys work on a contingency fee basis, meaning we only get paid if we successfully recover compensation for you. There are no upfront fees, so you don’t have to worry about paying legal fees out of pocket.
Importance of Legal Advice in Car Accident Claims
Consulting with a car accident lawyer is crucial in Texas, especially if you were not wearing your seatbelt at the time of the accident. Here’s why:
Understanding Texas Traffic Laws
Texas has specific traffic laws regarding seatbelt use, negligence, and compensation. A knowledgeable attorney will help you understand how these laws apply to your case and what you need to do to protect your rights.
Statute of Limitations for Claims
In Texas, there’s a two-year statute of limitations for filing car accident claims. Your lawyer will help ensure that your claim is filed within this timeframe and that all necessary paperwork is completed properly.
Negotiating with Insurance Companies
Insurance companies may try to reduce your compensation by blaming you for not wearing a seatbelt. An experienced auto accident lawyer will handle negotiations with the insurance companies, ensuring that you are not unfairly penalized for your seatbelt choice.
We’re on Your Side – Call Now for a 100% Free Consultation!
If you’ve been in a car accident in Texas and weren’t wearing your seatbelt, it’s still possible to pursue a valid claim for your injuries and losses. The auto accident lawyers at Loncar Lyon Jenkins are experienced in handling cases involving comparative negligence and can fight for your right to fair compensation. We offer free consultations to discuss your case, assess your options, and help you understand your legal rights. Contact us today to get started on your path to recovery.
