One of the most common questions attorney Anthony Girgis receives from accident victims throughout the San Fernando Valley is: can I still recover compensation if I wasn’t wearing my seatbelt at the time of the accident? The answer under California law is yes — but the situation is more complex than a standard car accident claim and understanding how California handles this issue is critical for protecting your recovery. Here is what you need to know.
California’s Seatbelt Law
California Vehicle Code Section 27315 requires all vehicle occupants to wear a seatbelt while the vehicle is in motion. Violating this law is a traffic infraction that can result in a fine. However, a seatbelt violation does not automatically bar you from recovering compensation for injuries caused by another driver’s negligence.
California’s Comparative Negligence System
California follows a pure comparative negligence system under Civil Code Section 1714, which means that even if you were partially at fault for your injuries — including by failing to wear a seatbelt — you can still recover compensation. Your total recovery is simply reduced by the percentage of fault attributed to you.
For example, if a jury determines that your total damages are $100,000 but you were 20% at fault for not wearing a seatbelt, your recovery would be reduced by 20% to $80,000. You still recover the remaining 80% from the at-fault driver.
The Seatbelt Defense in California
Insurance companies and defense attorneys frequently raise what is known as the seatbelt defense — arguing that your failure to wear a seatbelt contributed to the severity of your injuries and that your recovery should therefore be reduced. California courts allow this defense, but it is subject to important limitations.
The seatbelt defense only reduces your recovery to the extent that your injuries were made worse by not wearing a seatbelt. If you would have suffered the same injuries regardless of whether you were wearing a seatbelt, the defense does not apply. Additionally, if your injuries are entirely unrelated to seatbelt use — such as a broken arm from a side impact — the defense may not reduce your recovery at all.
How Attorney Anthony Girgis Handles Seatbelt Defense Cases
When the insurance company raises the seatbelt defense, attorney Anthony Girgis works with medical experts to analyze the specific biomechanics of your accident and your specific injuries to determine the extent to which seatbelt use would have affected your injuries. In many cases the seatbelt defense results in a much smaller reduction than the insurance company claims — and in some cases the defense is entirely inapplicable to the specific injuries suffered.
What to Do if You Were Not Wearing a Seatbelt
If you were not wearing a seatbelt at the time of your accident, the most important thing you can do is contact an experienced personal injury attorney immediately. Do not make any statements to the insurance company about whether you were wearing a seatbelt. Let your attorney evaluate the specific facts of your case and determine the best strategy for maximizing your recovery.
Injured in a car accident in the San Fernando Valley while not wearing a seatbelt? Contact Girgis Law Firm APC for a free consultation. Attorney Anthony Girgis represents accident victims throughout Encino, Sherman Oaks, Van Nuys, Northridge, Woodland Hills, and surrounding communities. Call (818) 986-5000 — no fees unless we win.
