Aside from driving defensively, wearing a seat belt when your car is in motion is the single most important thing. Wear a seat belt to enhance your safety in the event of an accident. Even the most defensive of drivers can still be injured in an accident caused by an inattentive or distracted driver. Most car occupants have realized that. As per the National Highway Transportation Safety Administration, more than 90% of all people in passenger vehicles buckled up in 2020. In 2017, seat belts saved almost 15,000 lives. Of the 22,326 drivers and passengers killed in motor vehicle crashes in 2019, 47% of them weren’t buckled up.
California’s Seat Belt Law
The law governing seat belt use in California is simple. CVC 27315 requires drivers and passengers over eight years of age of a motor vehicle to wear a seat belt on a California roadway. That includes passengers who are in the back seat of a vehicle. Children who are under eight must sit in either a child safety seat or a booster seat.
I Was the Injury Victim of an Accident but I Wasn’t Wearing a Seat Belt
The fact that you were injured in an accident by the carelessness and negligence of somebody else doesn’t preclude you from bringing a personal injury claim. It might influence any compensation for damages that you might be awarded though pursuant to the law of comparative negligence.
Comparative Negligence
Under the law of comparative negligence, an accident victim might be determined to be partially at fault for his or her injuries. In that case, a percentage of fault is assigned to that person. And that percentage is deducted from a gross award. For example, if a person is awarded $100,000, and he or she was determined to be 30% at fault for an accident, the net award would be $70,000. California is what’s known as a pure comparative negligence state. That’s where a person could be more than 50% at fault for his or her injuries. However, still be able to receive a damages award.
Damages: Seat Belt or No Seat Belt
If you were a passenger in a vehicle and suffered facial fractures and lacerations from hitting the windshield of the vehicle you were in, and you weren’t wearing a seat belt, it’s unlikely that you’ll receive full compensation for your injuries and damages. If you fractured your hand hitting the side of the passenger door, the comparative negligence defense isn’t likely to be raised. You’ll probably receive full damages.
Contact a California Personal Injury Lawyer
In any traffic situation, always be sure that you and your passengers are wearing your seat belts. If you’re in an accident, and you’re injured as a result of the carelessness and negligence of somebody else, contact us at Maison Law for a free and confidential consultation and case evaluation. If we’re retained to represent you, no initial retainer fee will be due. We want to obtain the maximum amount of compensation that you deserve for your injuries and damages. Wearing a seat belt significantly improves the chances of us being able to do that for you.
