Have you been injured in a car accident, that was not your fault, while not wearing a seatbelt? You may wonder, “Can I Sue If I Wasn’t Wearing a Seat Belt?” The simple answer is, yes. Even though the law requires you to wear a seatbelt at all times while in a moving vehicle, you are still able to sue for damages in a car crash if you were not wearing one. However, it is important to note that wearing a seatbelt greatly reduces your chances of serious injury and the other driver’s attorney or insurance will likely use this point to lower the payout you receive.
If you were in an accident, that was not your fault, while failing to wear a seatbelt, contact car accident attorney Beverly R. Caruthers for a free consultation.
The “seatbelt defense” refers to the insurance company’s (or the defendant’s, if you’ve filed a lawsuit in court) use of evidence regarding your failure to wear a seatbelt in connection with the underlying accident. The theory behind the seat belt defense is that, even though you may not have caused the accident itself, your failure to wear a seatbelt contributed to the severity of your car accident injuries.
Not all states allow use of the seat belt defense, and keep in mind that even in states that do allow it, the adjuster is not required to apply it when negotiating a settlement. But the seat belt defense will certainly be on the mind of the adjuster. That’s because if the claim can’t be settled and a lawsuit is filed, the adjuster knows that use of the seat belt defense will be allowed by the court, and will impact how much the insurance company may ultimately have to pay.
The Seat Belt Defense, Comparative Fault, and “Mitigation”
The seatbelt defense overlaps with two additional legal concepts: the “comparative fault” and “mitigation.” (Note: The precise interplay among these concepts depends on the state where the accident occurred.)
Comparative Fault
Under comparative fault, the amount you can recover for your injuries is reduced by a percentage that reflects your degree of fault for failing to wear a seatbelt. There are two types of comparative fault: “pure comparative fault” and “modified comparative fault.”
In states that follow the “pure” comparative fault rule, each party is responsible for their percentage of fault — no matter what that percentage may be. For example, let’s say your injuries are found to be almost entirely due to your failure to wear a seatbelt. You’re deemed 95% at fault, and the other driver is considered 5% at fault. In that situation, in a “pure” comparative fault state you can recover only 5% of your damages. Under “modified” comparative fault, each party is still responsible for damages in proportion to their own share of fault. but if your share of liability reaches a certain designated percentage (50% or 51% depending on the state), you cannot recover any compensation at all from any other at-fault party.
Mitigation
In some states, including Wisconsin and Iowa, the seat belt defense overlaps with the “mitigation” theory, which says that an injured person has a legal duty to use reasonable efforts to avoid or reduce his or her “damages.” Under this theory, the at-fault driver’s insurer (or attorney) would argue that you wouldn’t have suffered the same injuries if you had worn your seatbelt, and so your financial recovery should be reduced.
Regardless of the legal theory that is relied upon, most states require that the at-fault driver prove a causal connection between your non-use of an available seat belt and the injuries you suffered. It’s no surprise that cases involving the seat belt defense often require a close examination of the medical records and the use of expert witnesses.
Spanish Speaking Car Accident Lawyer in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
Personal Injury Law Office in Houston, Texas
If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Caruthers Law Firm
Address: 4141 Southwest Fwy, Suite 400
Houston, TX 77027
(713) 526-9557
View our Website
View our Facebook page
View our Google Listing
In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.
For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.
We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.
