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We’ve all been in a hurry before, started the car and got onto the road without putting on our seatbelts. Even if 99.9% of the time you are clicked in place before even turning on the car, the one time you forget and get in an accident can feel like the worst kind of karma.
In instances like this, when things feel like they’ve gone from bad to worse, you may be wondering if you can still even file a claim for the car accident.
The short answer is yes. In Texas, not wearing a seatbelt does not automatically prevent you from filing a personal injury claim, but it can affect how much compensation you recover. Here’s what you need to know about filing a claim if you weren’t wearing a seatbelt.
Texas law requires drivers and passengers to wear seatbelts. Full stop. Failing to do so can result in fines up to $250 plus court costs.
However, a traffic violation does not automatically eliminate your right to seek compensation if someone else caused a car accident. If another driver was negligent (i.e., speeding, distracted, intoxicated, or otherwise careless), they can still be held responsible for causing the crash, whether or not you were wearing your seatbelt.
In these cases, the key issue often becomes this: Did not wearing a seatbelt contribute to your injuries?
In car accidents involving drivers who are not wearing seatbelts, Texas courts may allow what’s informally referred to as the “seatbelt defense.” This is a legal defense that an at-fault driver may use to reduce the damages they owe in a car accident claim. In essence, the at-fault party may argue that your injuries were worse because you were not wearing a seatbelt.
Here’s an example. If the collision was clearly caused by the other driver, they may still be liable, but they may argue that some portion of your injuries could have been prevented or reduced if you had been wearing your seatbelt and been properly restrained.
So, no, this doesn’t erase their fault, but it can reduce the amount of damages awarded because of Texas’ comparative negligence rule under Texas Civil Practice & Remedies Code § 33.001.
If the courts determined that the other driver was 80% responsible for causing the crash, and you were 20% responsible for your injuries because you weren’t wearing a seatbelt, your compensation would be reduced by 20%.
Lastly, it’s important to remember this distinction. In most cases, failing to wear a seatbelt does not cause the accident itself. While it may affect the severity of injuries, it does not excuse negligent driving.
Insurance companies sometimes try to use the seatbelt issue as leverage to minimize or deny claims. This is not the heart of the issue, and you shouldn’t assume you “don’t have a case” simply because you weren’t buckled in.
When seatbelt use is disputed, evidence matters even more. Police reports, witness testimony, medical statements, photos, and videos of the accident scene can all help strengthen your case. Armed with evidence, an experienced personal injury attorney can help ensure fault for the accident itself remains the central focus — not a distraction.
At McKinney Vos PLLC, we help injured Texans understand their rights, evaluate the full picture of their case, and push back against tactics designed to unfairly reduce compensation.
If you’ve been injured in a car accident in Austin and have questions about how seatbelt use may affect your claim, reach out today to schedule a free consultation.
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Jessica McKinney is a personal injury attorney and co-founder of McKinney Vos PLLC in Austin, Texas. She has resolved over 1,000 cases across Central Texas, handling car accidents, truck crashes, DWI collisions, motorcycle accidents, dog attacks, slip and fall cases, and wrongful death claims.
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