What to do When Injured in Crash While not Wearing a Seat Belt
California law requires all drivers and passengers of vehicles to wear their seat belts. Statistics show that people who wear seat belts will reduce the chances of suffering major injuries in case an accident occurs. Since not wearing a seat belt is against the law, victims often do not know how to proceed when they are hurt in a crash involving a negligent driver.
When you are involved in an accident and was not wearing a seat belt, you will likely be given a ticket by the law enforcement officer. The ticket will however not deter you from filing a claim for your injuries. California is a comparative fault state. The courts will -therefore look to see which injuries could have been avoided if you had worn a seatbelt and the same will be excluded from the damages you will be eligible to pursue.
You may need an experienced California personal injury attorney to help you prove that your injuries could not have been prevented by wearing a seatbelt as this will be a major avenue for the insurance company to try and deny or reduce your claim.
