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After a car accident in Texas, many people worry that not wearing a seatbelt will completely bar them from recovering compensation for their injuries. The good news is that you absolutely can still file a personal injury claim in Texas even if you weren’t wearing a seatbelt. However, Texas’s comparative negligence laws mean your compensation may be reduced depending on how much your seatbelt non-use contributed to your injuries.
Understanding how Texas courts handle seatbelt evidence is crucial for protecting your rights and maximizing your recovery after an accident. This guide explains everything you need to know about filing a claim without a seatbelt in Texas.
Quick Answer: Your Rights Without a Seatbelt
Key Points:
- You CAN still pursue compensation even without wearing a seatbelt
- Your award may be reduced based on your percentage of fault
- The 51% rule applies: If you’re more than 50% at fault, you cannot recover damages
- Expert testimony is often required to prove seatbelt non-use contributed to injuries
- Insurance companies will use this against you—legal representation is essential
How Texas Law Changed: The Romero Decision
For over 40 years, Texas courts prohibited evidence about seatbelt use in personal injury cases. That changed dramatically in 2015 with the landmark Texas Supreme Court decision in Nabors Well Servs. v. Romero.
Prior to 2015, Texas law stated that “use or nonuse of a safety belt is not admissible in a civil trial.” The Romero decision overturned this long-standing rule, holding that relevant evidence of seatbelt use or non-use is now admissible for the purpose of apportioning responsibility in civil lawsuits.
Why the change? The Texas Supreme Court recognized that the state’s evolution from a harsh “all-or-nothing” contributory negligence system to a more balanced proportionate responsibility framework made the old seatbelt rule obsolete.
Understanding Texas’s Comparative Negligence System
Texas follows a “modified comparative negligence” system under Texas Civil Practice & Remedies Code Chapter 33.001. Here’s how it works:
The 51% Rule
If you are found to be more than 50% responsible for your injuries, you cannot recover any damages. However, if you are 50% or less at fault, you can still pursue compensation—it will just be reduced by your percentage of fault.
How Fault is Determined
The jury determines each party’s percentage of responsibility for causing or contributing to the harm. This includes:
- The other driver’s negligent actions (speeding, distracted driving, etc.)
- Your failure to wear a seatbelt (if it contributed to your injuries)
- Any other contributing factors
Real-World Example: How Seatbelt Non-Use Affects Your Recovery
Let’s say Sarah is rear-ended while stopped at a red light in Austin, but she wasn’t wearing her seatbelt. After reviewing all evidence, including expert testimony, the jury finds:
- The other driver is 75% at fault (for following too closely and rear-ending Sarah)
- Sarah is 25% at fault (for not wearing a seatbelt, which made her injuries more severe)
If Sarah’s total damages are $100,000, she would recover $75,000 after the 25% reduction.
Important: The insurance company can’t simply assume seatbelt non-use contributed to injuries. They must prove it with evidence, often requiring expert testimony.
The Seatbelt Defense: What Insurance Companies Will Try
Insurance companies and defense attorneys now routinely use the “seatbelt defense” to try to reduce payouts. They’ll argue that:
- Your injuries were more severe because you weren’t wearing a seatbelt
- You failed to take reasonable precautions for your own safety
- Your negligence contributed to the harm you suffered
However, this defense isn’t automatic. The court must first determine that seatbelt evidence is relevant to your specific injuries. Expert testimony is often required to establish this connection.
What Makes Seatbelt Evidence Admissible
Not all seatbelt evidence is automatically allowed in court. For evidence of seatbelt non-use to be admissible, the defense must prove:
Relevance Standard
The evidence must be relevant to the plaintiff’s specific injuries. Simply showing someone wasn’t wearing a seatbelt isn’t enough—there must be evidence that not wearing it actually caused or contributed to the injuries sustained.
Expert Testimony Requirements
Courts often require expert testimony to establish the connection between seatbelt non-use and specific injuries. Biomechanical experts may be used to demonstrate how wearing a seatbelt could have prevented or reduced certain injuries.
Pre-Trial Determination
The trial court should consider seatbelt evidence outside the presence of the jury first to determine its relevance before allowing the jury to hear it.
Special Considerations for Different Situations
Children and Seatbelt Laws
Even children who aren’t statutorily required to wear seatbelts due to their age may still be held to an age-appropriate standard of care. However, responsibility often falls on the driver to ensure proper restraints.
Medical Exemptions
Some individuals may have legitimate medical reasons for not wearing seatbelts. A physician’s statement documenting why seatbelt use would be unsafe can be crucial evidence.
Occupational Exemptions
Certain workers (postal workers, utility meter readers, etc.) may have occupational exemptions from seatbelt requirements while performing their duties.
Critical Steps to Take After an Accident Without a Seatbelt
If you were injured in a Texas car accident without wearing a seatbelt, take these essential steps:
Immediate Actions
- Seek medical attention immediately – Document all injuries thoroughly
- Don’t admit fault – Avoid discussing seatbelt use at the scene
- Gather evidence – Photos, witness information, police reports
- Document your injuries – Medical records are crucial for your case
Protect Your Legal Rights
- Avoid recorded statements to insurance companies without legal counsel
- Don’t accept quick settlement offers – These are often inadequate
- Contact an experienced attorney immediately
- Preserve evidence – Your attorney can ensure crucial evidence isn’t lost
Why You Need Experienced Legal Representation
Seatbelt cases require sophisticated legal strategies to counter insurance company tactics. At Bryan Fagan’s law firm, we understand how to:
Build Strong Defense Strategies
- Challenge the relevance of seatbelt evidence to your specific injuries
- Obtain expert testimony to counter defense claims
- Focus on the other party’s negligence as the primary cause of the accident
- Document the full extent of your damages and losses
Navigate Complex Legal Issues
- Understand proportionate responsibility calculations
- Counter insurance company tactics designed to shift blame
- Negotiate effectively with knowledge of how juries view these cases
- Maximize your recovery despite seatbelt non-use
Protect You from Common Pitfalls
Many people without attorneys make mistakes that hurt their cases, such as:
- Giving recorded statements that are used against them
- Accepting settlements before understanding the full extent of their injuries
- Failing to properly document how their injuries occurred
- Not challenging irrelevant or prejudicial seatbelt evidence
The Reality: Most Cases Still Settle Successfully
Despite changes in Texas law, the vast majority of personal injury cases involving seatbelt non-use still result in favorable settlements for injured parties. Insurance companies know that:
- Proving seatbelt non-use contributed to injuries is difficult
- Expert testimony is expensive and not always conclusive
- Juries often focus primarily on who caused the accident
- Experienced attorneys can effectively counter seatbelt defenses
Frequently Asked Questions
Can I be denied compensation entirely for not wearing a seatbelt?
No, unless you’re found to be more than 50% at fault for your injuries. Most cases involving seatbelt non-use result in reduced—not eliminated—compensation.
How much will my compensation be reduced?
This depends on the jury’s determination of how much your seatbelt non-use contributed to your injuries. It could range from 0% (if not relevant) to 50% (the maximum while still allowing recovery).
What if the other driver was clearly at fault?
Even if the other driver was obviously negligent (drunk, texting, etc.), seatbelt evidence may still be considered regarding the extent of your injuries—but not regarding who caused the accident.
Do I need an expert witness for my case?
Often, yes. Expert testimony is frequently required to establish whether seatbelt non-use actually contributed to your specific injuries.
What if I have a medical condition that prevents seatbelt use?
Medical exemptions can be powerful evidence in your favor. Proper documentation from your physician is essential.
Don’t Let Seatbelt Non-Use Stop You from Seeking Justice
The bottom line: Not wearing a seatbelt does not automatically disqualify you from receiving compensation after a Texas car accident. While it may affect the amount you recover, experienced legal representation can help ensure you receive fair compensation for your injuries.
At Bryan Fagan’s law firm, we’ve successfully represented countless clients who weren’t wearing seatbelts at the time of their accidents. We understand the complexities of Texas comparative negligence law and know how to build strong cases that focus on the true cause of your accident—the other party’s negligence.
Don’t let insurance companies take advantage of your situation. Contact us today for a free consultation. We work on a contingency fee basis, meaning you pay no attorney fees unless we win your case.
Your rights matter, regardless of whether you were wearing a seatbelt. Let us fight to ensure you receive the compensation you deserve for your injuries, medical bills, lost wages, and pain and suffering.
Call Bryan Fagan’s law firm now. Your future recovery depends on the actions you take today.
