If you’ve been involved in a car accident in Texas and were not wearing your seatbelt at the time of the crash, you’re probably asking yourself: Can I still pursue a car accident claim without a seatbelt? The short answer is yes, but it comes with some legal complexities you need to understand.
Texas law does not automatically bar injury claims for drivers or passengers who were unbelted during a crash. However, not wearing a seatbelt can impact the outcome of your car accident claim. Legal doctrines like comparative negligence may reduce your compensation, even if the accident wasn’t your fault.
Here’s how a car accident claim without a seatbelt works under Texas law and how the attorneys at Loncar Lyon Jenkins can help protect your rights.
What Is a Car Accident Claim Without Seatbelt?
A car accident claim without seatbelt refers to a personal injury claim filed by someone who was not wearing a seatbelt at the time of an accident. In Texas, you can still seek compensation for injuries caused by another driver’s negligence—even if you were unrestrained.
Typical damages in these cases include:
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Medical bills
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Lost income
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Property damage
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Pain and suffering
However, insurance adjusters and defense attorneys often argue that your injuries were worse because you didn’t wear a seatbelt. That’s why having legal counsel is essential.
Texas Law on Seatbelt Use and Injury Claims
Texas requires all vehicle occupants to wear seatbelts. Failure to do so can result in a traffic citation, but it doesn’t automatically disqualify you from filing a personal injury claim.
In fact, Texas courts follow the modified comparative negligence rule, which allows you to recover damages as long as you are not more than 50% responsible for your injuries. If you’re found partially at fault, your compensation is reduced accordingly.
Example: If you’re awarded $100,000 but deemed 20% at fault for not wearing a seatbelt, your payout would be reduced to $80,000.
Comparative Negligence: How It Affects a Car Accident Claim Without Seatbelt
Modified comparative negligence is the key legal concept impacting a car accident claim without seatbelt in Texas. Here’s how it works:
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If you’re 0-50% at fault: You can recover damages, but the award is reduced by your fault percentage.
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If you’re 51% or more at fault: You cannot recover any compensation.
Not wearing a seatbelt could count against you, even if the other driver was clearly negligent (e.g., drunk driving or speeding).
Factors That Influence Comparative Negligence:
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Severity of injuries with and without a seatbelt
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Type of crash (rear-end, T-bone, etc.)
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Expert testimony (accident reconstruction)
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Vehicle safety features
How Not Wearing a Seatbelt Impacts Compensation
1. Reduced Damages
Insurance companies often argue that unrestrained occupants are more likely to suffer severe injuries. They may offer lower settlements or deny your claim entirely.
2. Blame Shifting
Defendants may attempt to shift blame to you, using your lack of seatbelt use as evidence of contributory negligence.
3. Jury Bias
If your case goes to trial, the jury might view you as careless for not wearing a seatbelt—even if the other driver caused the crash.
4. Expert Testimony Requirements
You may need medical or biomechanical experts to prove that your injuries would have occurred even with a seatbelt, or that your lack of one didn’t significantly worsen your condition.
Key Evidence for a Car Accident Claim Without Seatbelt
Winning your case depends heavily on the strength of your evidence. A seasoned attorney will help gather critical information, including:
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Police reports detailing fault and citations
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Medical records showing injuries directly related to the crash
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Photos of the scene, vehicle damage, and injuries
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Witness statements to corroborate your story
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Dashcam or surveillance footage, if available
How Loncar Lyon Jenkins Can Help with Your Claim
The attorneys at Loncar Lyon Jenkins understand how to build a strong car accident claim without seatbelt. Our services include:
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Collecting evidence to prove the other driver’s negligence
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Countering arguments related to your seatbelt use
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Hiring expert witnesses to support your case
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Negotiating with insurance companies for fair compensation
We handle all personal injury claims on a contingency fee basis, meaning you pay nothing unless we win your case.
What You Should Do After a Car Accident Without a Seatbelt
Taking the right steps after a crash can significantly impact your ability to pursue a car accident claim without seatbelt:
1. Call the Police
Always report the accident and get an official police report.
2. Seek Immediate Medical Attention
Even if you feel okay, injuries can manifest later. Prompt medical treatment helps document your injuries.
3. Preserve Evidence
Take photos of the scene, get witness contact info, and save any medical bills or receipts.
4. Do Not Admit Fault
Avoid saying anything to the police or insurers that could be interpreted as admitting blame.
5. Call an Attorney
Consult a car accident lawyer as soon as possible to discuss your legal options.
Data: Seatbelt Use and Injury Severity
Below is a chart showing how seatbelt use affects injury severity in motor vehicle accidents, based on NHTSA data:
| Seatbelt Use | Fatalities | Serious Injuries | Minor Injuries |
|---|---|---|---|
| Worn | 45% | 30% | 25% |
| Not Worn | 65% | 25% | 10% |
This data supports the defense’s usual argument, but it doesn’t negate your legal right to recover damages.
Statute of Limitations in Texas
In Texas, you have two years from the date of the accident to file a personal injury claim. If you miss this deadline, you lose your right to seek compensation—regardless of whether you were wearing a seatbelt.
Insurance Company Tactics to Watch For
Insurance companies know how to exploit weaknesses in your case. When filing a car accident claim without seatbelt, expect the following tactics:
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Lowball settlement offers
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Delays in communication
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Requests for unnecessary documentation
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Attempts to get recorded statements
Let your attorney handle all correspondence to avoid these traps.
Common Myths About Filing a Car Accident Claim Without Seatbelt
Myth #1: You Can’t File a Claim Without a Seatbelt
False. Texas law allows claims even if you weren’t wearing a seatbelt.
Myth #2: You’re Always Found at Fault
False. Fault is determined by the circumstances, not just seatbelt use.
Myth #3: Insurance Won’t Cover You
False. Insurance still applies, but payouts may be reduced.
Final Thoughts
Filing a car accident claim without seatbelt in Texas is possible, but not straightforward. You may still be entitled to significant compensation, but you’ll face legal challenges that require a strategic approach.
The car accident attorneys at Loncar Lyon Jenkins are ready to help you navigate comparative negligence, push back against biased insurers, and fight for every dollar you’re owed. Don’t let a missed seatbelt be the reason you walk away empty-handed.
