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Can Not Having My Seatbelt On Effect My Insurance Claim?

Attorney Brian Brunson - Dallas Personal Injury Lawyer

The first thing a driver usually does when getting into their car is buckle up their seatbelt. Seatbelts are crucial in protecting lives during critical moments, and they are required by law to be worn in Texas. Not only do they keep you safe while driving, but they can also make a significant difference in the severity of injuries sustained in a car accident. If you are involved in a crash, the circumstances surrounding the accident may lead to a personal injury claim. Although most drivers follow the law and wear their seatbelts, there are still some who do not.

If you find yourself in a car accident without wearing a seatbelt, you may be concerned about how this will impact your ability to file a personal injury claim. The Law Office of Brian Brunson has extensive expertise in supporting clients during such challenging situations and can guide you through the legal process that ensues after a car crash, regardless of whether you were wearing a seatbelt or not.

Texas Law – Click It, Or Ticket

According to the National Highway Traffic Safety Administration, the “Click It or Ticket” campaign has been in existence for 21 years and has resulted in the saving of 7,399 lives, the prevention of over 129,000 serious injuries, and a significant economic cost savings of more than $28.5 billion for the state of Texas.

Wearing a seat belt is crucial as it significantly decreases the chances of fatality by 45% for individuals seated in the front of passenger cars. Moreover, for those traveling in pickups, seat belts further reduce the risk of death by an impressive 60%. The primary purpose of a seat belt is to prevent occupants from being forcefully propelled into the dashboard, windshield, or even onto the road during an accident. While airbags can undoubtedly save lives, their effectiveness is greatly enhanced when used in conjunction with seat belts. Without the restraint of a seat belt, an airbag may prove ineffective or even hazardous. During a collision, a seat belt ensures that you remain securely in place, preventing you from being forcefully thrown into a rapidly deploying airbag, which could potentially cause severe injuries or even be fatal. It is important to remember that airbags are designed to complement seat belts, not to serve as a substitute for them.

How Will Not Having My Seatbelt On Risk My Claim?

The defense will play a crucial role in determining the limitation for the recovery of pain and suffering damages by raising the issue of the plaintiff’s failure to wear a seatbelt. In order to establish a connection between the lack of seatbelt usage and the pain and suffering experienced, it will be necessary to provide evidence. However, the plaintiff will also have the chance to challenge the defendant’s claim and demonstrate that the injuries sustained were not solely caused by the absence of a seatbelt.

In essence, even if you were not wearing a seatbelt at the time of a car accident in Texas, you still have the right to pursue compensation for the accident. However, the impact of not wearing a seatbelt will be evident in the potential recovery of damages for pain and suffering. It is important to note that not wearing a seatbelt will not affect your ability to seek compensation for non-economic damages, such as medical bills, lost wages, property damage, and other damages unrelated to pain and suffering, in the event of a car crash.

Better Safe Than Sorry

In the state of Texas, it is mandatory for all individuals traveling in a vehicle to fasten their seat belts, failure to do so may result in penalties and court expenses of up to $200. Moreover, children below the age of eight are required to be secured in a child safety seat or booster seat, unless they exceed a height of four feet nine inches. If a child is not appropriately restrained, the driver may face fines of up to $250, in addition to court costs.

Ensuring safety while driving or being a passenger in a vehicle is of utmost importance, and one way to increase safety is by using a seatbelt. However, there are instances where people may not have their seatbelt on, even if it’s just for a short period of time, and this can lead to serious injuries in the event of a car crash. Fortunately, in Texas, even if you are involved in a car accident without wearing a seatbelt, you may still be able to recover damages for any injuries sustained. This is an important measure put in place to protect individuals who may have made a mistake in not wearing their seatbelt, but still deserve compensation for their injuries.


Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.

We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.

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