If you get hurt in a car accident and someone else is to blame, you may be owed compensation. The party that is to blame will do everything that they can to claim that you are at fault, even partially. They might even blame you for the accident and your injuries if you were not wearing a seatbelt at the time of the crash. A San Antonio, Texas car accident lawyer can help you push back against their narrative and fight for the compensation you deserve.
Does Not Wearing a Seatbelt Make Me Negligent?
Wearing a seatbelt is required by law. Not wearing one doesn’t contribute to an accident though. Negligent driving behaviors, like speeding or ignoring traffic signals, contribute to accidents. Wearing or not wearing a seatbelt won’t make an accident more or less likely.
There are also times when not wearing a seatbelt makes sense. If your car is hit while you are parked, you may get injured before you have even had the chance to buckle up. If you are injured while riding a bus, a seatbelt might not have been available. So preventing someone from seeking damages just because they weren’t strapped into their seat just doesn’t make sense.
How Can Not Wearing a Seatbelt Affect My Compensation?
However, just because not wearing a seatbelt won’t contribute to an accident, that doesn’t mean that it won’t contribute to your injuries. The other driver’s insurer is likely to try to pin some of the blame for your injuries on you, even if their insured driver is 100% to blame for what happened. If they are successful, that can reduce how much you receive in damages.
How Can I Show That a Seatbelt Wasn’t a Factor?
This is why we recommend hiring an experienced personal injury lawyer. We can help you argue that, seatbelt or no seatbelt, the other driver was completely responsible for your injuries. We’ll help you fight for the full compensation by showing that your injuries would have been just as severe whether you were buckled in or not.
How Long Do I Have to Pursue Damages?
One more thing to be aware of is that you do not have unlimited time to sue for damages. The statute of limitations for a personal injury case is two years in Texas. Sue after that point and you are likely to have your case thrown out. This is another good reason to act quickly and begin building a case immediately after a crash.
Ask About Our Free Case Consultation
So if you were hurt in an accident while not wearing a seatbelt, do not assume that this means that you aren’t owed compensation. Contact Sahadi Legal Group and schedule a free, no-obligation consultation. We can tell you more about your legal options.
