The state of California legally requires all individuals driving a motor vehicle to wear a seatbelt. This includes passengers and drivers. Therefore, you are breaking the law and can be fined if you are not wearing a seatbelt and you are in a car accident in Los Angeles.
You may be wondering if you can still recover damages if you weren’t wearing a seatbelt in a car accident in Los Angeles, CA. Find out how failure to wear a seatbelt can impact your compensation with the Simmrin Law Group. Call (310) 997-4688 to speak with our car accident lawyers in Los Angeles about your options to secure damages for your losses.
You Can File a Car Accident Claim if You Weren’t Wearing a Seatbelt
First of all, you should be aware that you can still seek compensation for your medical expenses and other losses if you were involved in a car accident while you weren’t wearing a seatbelt. In fact, you may be entitled to compensation as long as your lawyer can show that:
- Someone else caused your accident
- They caused the accident through negligence or an intentional act
- The accident caused your injuries
Failure to wear a seatbelt does not cause accidents in Los Angeles, so you have the right to seek compensation if you were involved in a motor vehicle accident.
Failure to Wear a Seatbelt May Reduce Your Compensation in Los Angeles
You may file a personal injury claim or a property damage claim after a car accident in Los Angeles. A lawyer can successfully resolve these claims in your favor, even if you weren’t wearing a seatbelt. However, you may not be awarded full compensation if you didn’t have your seatbelt on.
The driver who hit you may use the “seatbelt defense” in this situation. The seatbelt defense, put simply, argues that you are responsible for a portion of your injuries because you failed to use a safety device.
California is a comparative negligence state. This means that the court can split up responsibility for an accident and for your injuries. If you are found partially responsible for your injuries, you will receive a smaller percentage of the compensation for your claim.
Call (310) 997-4688 to get help handling the “seatbelt defense” from the professionals at the Simmrin Law Group.
Building a Claim If You Weren’t Wearing a Seatbelt During a Car Accident
Getting compensation for all of your losses after a car accident is very important. Medical expenses and vehicle repair costs can quickly become overwhelming. Fortunately, you may be entitled to compensation for your:
- Medical expenses
- Lost wages at work
- Lost earning potential
- Vehicle repair costs
As we mentioned, your compensation may be reduced if you were not wearing a seatbelt. A car accident lawyer can work to prevent this reduction. The team at the Simmrin Law Group can work to show that your injuries were the responsibility of the driver who caused your accident.
We can investigate your situation thoroughly to gather evidence. We can visit the place where your accident occurred and even speak with witnesses who saw the collision. Our team can also go over your medical injuries, working to show that failure to wear a seatbelt did not worsen your injuries.
Get Professional Help After a Car Accident in Los Angeles
The team at the Simmrin Law Group can help if you were involved in a car accident in Los Angeles. Our car accident lawyers can assist you even if you were not wearing a seatbelt at the time of your accident. Allow us to focus on:
- Securing a fair settlement from the insurance company
- Bringing you a verdict in your favor in court
Our team knows what it takes to help clients in your situation. We’ll work tirelessly to bring you maximum compensation for your healthcare expenses, vehicle repairs, and lost wages. Reach out to us now to learn more.
Talk to a Lawyer to Recover Damages If You Weren’t Wearing a Seatbelt in an Accident
You can still recover damages if you weren’t wearing a seatbelt in a car accident in Los Angeles, CA. However, you may be awarded a smaller amount of compensation if you didn’t have your seatbelt on at the time of your accident. The Simmrin Law Group can offer you a FREE case evaluation to determine the best way to get compensation in your case.
Call us at (310) 997-4688 or fill out our online contact form to speak to our car accident lawyers in Los Angeles.