In an instant you feel your car being impacted by another. Your vehicle jolted forward from the sudden impact, causing your body to be thrown against the steering wheel. As you take a moment to catch your breath, you realize you are hurt. That is when a sinking feeling hits you—you were not wearing your seatbelt. Panic sets in. Does this mean you cannot recover compensation for your injuries? At the Ruhmann Law Firm, we know this is a frightening situation to find yourself in. Let us walk you through what you need to know.
Texas Seatbelt Laws
Texas law requires all drivers and front-seat passengers to wear seatbelts. Children younger than 8 years must be in an appropriate child safety seat unless they are taller than 4 feet 9 inches. Drivers can face fines and court costs of up to $200 for seatbelt violations.
Comparative Negligence in Texas
Now you may be wondering, does violating the seatbelt law mean you cannot recover damages if you are injured by a negligent driver? The answer comes down to Texas being a “comparative negligence” state.
Under comparative negligence, the amount of compensation you receive will be reduced by your percentage of fault for the accident. If a jury finds you 20% responsible for your injuries because you were not wearing a seatbelt, the comparative negligence principle dictates your damages to be reduced by 20%. So, if your damages totaled $100,000, you would recover $80,000.
However, you cannot recover any damages if you are found to be 51% or more at fault. This is known as the “51% bar rule.” The takeaway is that not wearing a seatbelt does not prohibit you from obtaining compensation as long as your percentage of responsibility does not exceed 50%.
Proving Fault
Another important factor is proving the other driver was primarily at fault for causing the accident in the first place. Perhaps they were texting while driving, speeding, or driving under the influence. Your lack of seatbelt use does not give the other driver a free pass for their negligent behavior behind the wheel.
Evidence like police reports, witness statements, traffic camera footage, and accident reconstruction can help establish the other driver’s liability. An experienced personal injury attorney will know how to gather and present this evidence on your behalf.
Calculating Damages
In addition to proving fault, you will need to provide evidence of the full extent of your injuries and damages. This may include:
- Medical bills
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Scarring/disfigurement
Detailed documentation is key. Keep copies of medical records, bills, pay stubs, repair estimates, and any other proof of expenses incurred. You may also need testimony from medical experts or vocational specialists to support your damage claims.
Talk to an Experienced Car Accident Attorney
Not wearing a seatbelt does not mean you forfeit your right to seek compensation if you are injured by a negligent driver. However, it is important to understand Texas’ comparative negligence laws and how your damages may be impacted.
If you have been hurt in a crash, call the Ruhmann Law Firm for a free consultation. We will review your case and explain your legal options. Contact us today to get started on the road to recovery.
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