Texas – just like every other state in the nation – requires every driver to wear a seatbelt behind the wheel, and doing so is always the best policy in terms of your safety on the road. If, however, you’re injured by another driver’s negligence in a car accident, the fact that you weren’t wearing a seatbelt is unlikely to negate your ability to recover compensation for the percentage of your losses that the other driver is responsible for. If you have a car accident claim involving you not wearing a seatbelt, consult with a knowledgeable Plano car accident attorney who has a good deal of experience successfully handling these complex cases.

Every Driver’s Responsibility

Every motorist accepts an immense responsibility for the safety of others when they take to the road, and when a driver’s negligence leaves someone else harmed, they can be held legally liable in a car accident claim. While it is against the law not to wear a seatbelt, the fact that you didn’t have your seatbelt on did not cause the accident that left you injured. It may, however, have contributed to just how serious your injuries are, and that will need to be accounted for.

The Other Driver’s Negligence

The other driver might be 100 percent at fault for the accident that leaves you injured, and such negligence can take a wide range of dangerous forms that include all the following:

  • Failure to follow traffic laws
  • Exhaustion
  • Distraction
  • Impairment
  • Aggression, such as excess speed

Each of these can lead to very serious accidents that cause very serious losses.

The Fault Assigned to You

While the injury-causing accident can’t be attributed to the fact that you weren’t wearing a seatbelt, the matter of whether or not your failure to wear a seatbelt contributed to how serious your injuries are can affect the outcome of your claim. For example, if not wearing a seatbelt caused you to hit the windshield or even to be ejected from your car, your injuries may be considerably more serious than they would have been if you’d had a seatbelt on, but this is a matter that will need to be resolved in accordance with the evidence.

You should also know that – as long as you bear no more than 50 percent of fault in relation to your losses – you can seek compensation for the percentage of your losses that the other driver is responsible for. Your skilled car accident attorney will ensure that your claim clearly reflects the full extent of the other driver’s responsibility for your complete losses.

Make the Call to an Experienced Plano Car Accident Attorney Today

If another driver leaves you injured in a car accident, but you weren’t wearing a seatbelt at the time, it can complicate your claim, but it won’t necessarily void it. The compassionate Plano, Texas, car accident attorneys at The Law Office of Joel M. Vecchio, P.C., employ the full force of our impressive experience and legal insight in every case we take on, and we look forward to also serving you. Learn more by contacting us online or calling 972-380-4444 today.

Call a Car Accident Attorney Today

Call us on (972) 380-4444 posthaste if you got into a car accident.

Content author: Joel M. Vecchio, Attorney at Law


  • Texas State Bar license number 24033410, since 2001.
  • U.S. District Court, Northern District of Texas, admitted in 2003.
  • University of Tulsa College of Law, Juris Doctor – 2001.

Content reviewed by Abraham C. Bloomenstiel, Attorney at Law, Texas Bar Card Number: 24106962

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