One of the most important things anyone can do to protect themselves while riding in a car is wear a seatbelt. When you are not properly restrained, you are more likely to suffer serious injuries in the event of a crash. Unrestrained occupants are more likely to be injured in a secondary collision — an impact that takes place after the initial crash — or be ejected from the vehicle entirely.
According to the Texas Department of Transportation, a total of 2,733 unrestrained passengers were killed in car accidents in 2020. Simply wearing a seatbelt can increase your likelihood of surviving a crash by nearly 45%.
Most people are aware of the dangers associated with not wearing a seatbelt. However, many don’t understand that it can also lead to legal complications and even impact your ability to obtain compensation after being injured in a collision caused by another driver.
Many accident victims are unfamiliar with state laws and how they may impact their claim. An experienced auto accident attorney in Houston at West Loop Law and the Law Office of Nhan Nguyen, MD, JD can help you avoid obstacles in recovering lost compensation.
Texas Law and Seat Belt Use
With limited exceptions, Texas law requires every occupant of a motor vehicle to wear a seatbelt or be properly restrained. It is a misdemeanor offense for anyone 15 years or older to ride in a car without a seatbelt, and it may even be an offense for a driver who allows a minor to ride in their car while unrestrained.
According to TxDot, it may cost you up to $200 in court costs or fees if authorities see that you are unrestrained while traveling in a car. Police departments across the state are planning enhanced enforcement of these laws in the coming weeks, and you don’t want to be caught not wearing your seatbelt.
Seatbelt use can have a complicated effect on a Texas personal injury case. Some states have what is known as a “seat belt defense law,” which explicitly states that failure to wear a seat belt can be considered contributory negligence if someone is injured in an accident. However, Texas has no such law.
Texas courts have previously upheld a precedent that evidence of an injured party’s seat belt use — or lack thereof — was inadmissible in a civil case.
However, this recently changed due to a 2015 Texas Supreme Court Case, Nabors Well Servs., Ltd. v. Romero. The court ruled that such evidence is in fact admissible and may be considered in decisions related to proportionate liability, meaning that Texas courts can now consider whether an injured party’s lack of seatbelt use contributed to the severity of their injuries.
How Not Wearing a Seatbelt Could Affect Your Claim
Failure to wear a seatbelt may increase the severity of injuries in an auto accident or the chances of a fatality. If not wearing a seatbelt contributed to your injuries, it could negatively impact the amount of compensation you can recover under Texas’ comparative negligence laws in the following ways:
- If your failure to buckle up contributed to the accident by 51% or more, you would have no claim for compensation against the at-fault driver.
- If your failure to wear a seatbelt contributed to the accident by less than 50%, you would still have a claim for compensation against the at-fault driver. However, your settlement amount would be reduced in relation to your percentage of liability, which could potentially be substantial.
- Even if you are unable to seek a claim for your personal injuries, you may still be entitled to file a claim against the negligent driver or your own insurance company for your property damage if you purchased collision insurance.
- Even if you are found to be at fault for your injuries, you could file a claim under your medical coverage to cover your medical expenses if you purchased that coverage.
To ensure your right to full compensation is protected, you should contact a Houston TX personal injury attorney to discuss your case.
Hire a Houston Car Crash Attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD
The team of Houston car crash lawyers at West Loop Law and the Law Office of Nhan Nguyen, MD, JD is here to help those unfairly injured in a serious collision. Nhan Nguyen, MD, JD, Nader Rabie, JD, and the rest of our legal team have over 14 years of combined experience in the law, and we have the resources to pursue all possible avenues to ensure that you recover the compensation you need to make a full recovery after being unfairly injured by a negligent driver.
If you or a loved one has been unfairly injured in a car crash, contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD today at (713) 840-7200 to discuss your case.
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