Without a seat belt, your chances of being wounded or killed in a car accident are significantly increased. You may be wondering if you have a legal right to sue if another motorist caused your Texas automobile accident while you were not wearing a seat belt.
Can I sue despite the fact that I was not wearing a seat belt at the time of the accident?
In Texas, all vehicle occupants are required to wear a seatbelt at all times. Unless they are over 4’9″ tall, children under the age of eight must use special child safety seats or booster seats. Noncompliance with the legislation may result in significant fines and legal fees.
While wearing a seatbelt reduces the risk of serious and fatal injuries, it does not eliminate the chance of accidents. According to that, it raises serious doubts about the ability of an unrestrained car occupant to sue for accident-related injuries.
In many countries, at-fault drivers are not permitted to invoke the “seat belt defence” in order to avoid liability for injuries sustained by unrestrained passengers. As a result of a 2015 decision in Nabors Well Services, LTD v. Romero, defendants in automobile accident claims can now assert the seatbelt defence.
What does this mean for your personal injury claim stemming from an automobile accident? If you were injured in a Houston vehicle accident as a result of your refusal to wear a seat belt, you may pursue compensation through a lawsuit. You may be able to argue that you are partially or fully liable for your injuries as a result of your unwillingness to wear a seat belt, which will make receiving adequate compensation significantly more difficult.
Are Passengers Without Seat Belts Entitled to Compensation?
As a passenger in a vehicle accident, you have the right to sue the reckless driver if you were not wearing a seat belt. The other motorist, on the other hand, would almost definitely argue that if you had been wearing your seat belt, your injuries would have been less serious or would have been avoided.
Experienced car accident lawyers Philadelphia can assist you in establishing that a seat belt could not have averted or minimised your injuries in order to collect the maximum compensation attainable.
What is the value of my claim?
Your irresponsibility will have the greatest impact on the value of your accident claim. Under Texas’ comparative negligence statutes, compensation may be lowered based on your degree of fault for an accident.
If you are found to be at fault for more than 50% of the incident, you will be disqualified for payment. As a result, it is vital to work with an experienced attorney who can assist you in locating and presenting the strongest available evidence.
Paying for an Automobile Accident When You Are Not Wearing a Seat Belt
You may be entitled to compensation for the following damages following an automobile accident in which you were not wearing a seat belt:
As a result, earning potential and income have been significantly reduced.
Suffering and anguish
As a result of repairing or replacing a vehicle, the quality of our lives has been diminished.
Regardless of whether you were wearing a seat belt, you are entitled to competent legal representation and a reasonable payment.