Yes, You Can Still File a Claim in Texas Without a Seatbelt
If you were involved in a car accident in Texas and weren’t wearing a seatbelt, you still have the right to pursue a personal injury claim. However, under Texas’ comparative negligence system, your compensation may be reduced if the seatbelt non-use contributed to your injuries.
Texas follows the 51% bar rule, meaning if you are found more than 50% responsible for your injuries, you cannot recover damages. But if you are 50% or less at fault, you are still eligible for compensation—just reduced by your percentage of fault.
Quick Guide to Your Rights
- Not wearing a seatbelt does not automatically block you from recovering damages after a crash in Texas.
- Comparative negligence rules may reduce your compensation, depending on your level of fault.
- If you are 50% or less at fault, you can still pursue compensation for your injuries.
What Texas Law Says About Seatbelt Use in Personal Injury Claims
In the past, Texas courts did not allow evidence of seatbelt non-use to affect personal injury claims. That changed with updated interpretations of Texas Civil Practice & Remedies Code §33.001.
Today, juries can hear evidence that an injured person was not wearing a seatbelt and consider it when deciding fault and damages.
For a broader explanation of how fault works in car accidents, visit our article on what happens if you’re partially at fault in a Texas car accident.
How Comparative Negligence Affects Your Compensation
Under comparative negligence, your recovery is reduced by the percentage of fault attributed to you. Failing to wear a seatbelt can be one factor the jury considers, but it does not automatically disqualify your claim.
Example Scenario: How Compensation Might Be Reduced
Suppose Sophia, an office administrator in Austin, is rear-ended while stopped at a light but wasn’t wearing her seatbelt. The jury finds:
- The driver who hit her is 80% at fault.
- Sophia is 20% at fault due to seatbelt non-use.
If her damages total $100,000, she would still recover $80,000 after the 20% reduction.
To better understand how settlements work in Texas, explore maximizing your personal injury settlement for a car accident.
Can You Still File a Lawsuit Without a Seatbelt? Absolutely.
Even without a seatbelt, you still have every right to file a claim. Insurance companies often try to shift blame unfairly onto victims, especially when seatbelt use is involved.
That’s why working with a knowledgeable car accident lawyer is so important. At Angel Reyes & Associates, we handle all negotiations and evidence reviews so that insurance companies can’t take advantage of you.
For more on the personal injury process, review the 6 key points of the injury claim process.
What to Do If You Were Injured Without a Seatbelt
If you were injured in a Texas car accident without wearing a seatbelt, take these steps to protect your rights:
- Get medical care immediately to document all injuries.
- Gather accident evidence like photographs, witness information, and the police report.
- Avoid giving recorded statements to insurance companies without legal advice.
- Contact a Texas personal injury attorney to review your case.
An attorney can ensure that any seatbelt defense arguments are properly countered.
Frequently Asked Questions About Seatbelt Non-Use and Injury Claims
Can I still sue if I wasn’t wearing a seatbelt in Texas?
Yes. While your recovery might be reduced, you can still file a personal injury claim.
How much will my compensation be reduced?
Your award is reduced based on your percentage of fault, determined by a jury.
What is the seatbelt defense?
Defendants may argue that injuries were worsened by seatbelt non-use, aiming to lower compensation.
What is the 51% bar rule?
If you are found more than 50% responsible for your injuries, you cannot recover damages in Texas.
Final Thoughts
Texas law does not automatically deny you the right to compensation simply because you weren’t wearing a seatbelt. However, it is critical to work with an attorney who understands how to properly frame your case and protect your rights.
At Angel Reyes & Associates, we have over 30 years of experience helping Texans navigate these complex issues, and we only get paid if you win.
If you were injured in a car accident, reach out to us today for a free consultation. We’re ready to fight for you.
