Seatbelts save lives—there’s no question about it. But what happens when a passenger isn’t wearing a seatbelt at the time of a crash? Can they still recover compensation? Does it affect the driver’s liability? And how does it impact the legal process in California?
If you were involved in a crash in Sacramento and you—or a passenger—weren’t buckled up, it’s important to understand your rights and the potential consequences. At Avrek Law Firm, our experienced attorneys know how to handle these complicated cases and make sure insurance companies don’t take advantage of you. An accident lawyer Sacramento can help you get the compensation you deserve.
California Seatbelt Laws: What You Need to Know
Under California Vehicle Code § 27315, all drivers and passengers aged 16 and over must wear a seatbelt while the vehicle is in motion. For children, additional regulations apply based on height, weight, and age. Failing to wear a seatbelt is not only dangerous—it’s illegal.
But here’s the critical part: not wearing a seatbelt does not automatically make you ineligible for compensation if you’re injured in a crash.
Can an Unbelted Passenger Still Sue?
Yes. If a passenger was not wearing a seatbelt and was injured in a collision, they can still file a personal injury claim. However, their compensation may be reduced under a legal principle called comparative negligence.
California follows pure comparative fault rules. That means if you were partially responsible for your injuries (such as not wearing a seatbelt), the amount of compensation you’re eligible to receive may be reduced by your percentage of fault.
Example:
If you’re awarded $100,000 but the court finds you 20% at fault for not wearing a seatbelt, you would still receive $80,000.
This is exactly why having a seasoned auto accident lawyer Sacramento is so important. Insurers will try to use your seatbelt status against you—and Avrek Law Firm knows how to push back.
Can an Unbelted Passenger Be Blamed for Their Own Injuries?
In many cases, yes—at least partially. Insurance companies often argue that some of the injuries sustained would not have occurred or would have been less severe if the passenger had been properly restrained. This is called the “seatbelt defense.”
But it’s not always that simple. The burden of proof is on the defense. They must show:
- The passenger wasn’t wearing a seatbelt.
- Their injuries were made worse because of it.
- A properly worn seatbelt would have reduced or prevented those injuries.
A knowledgeable Sacramento automobile accident lawyer can challenge this argument using professional testimony, crash reports, and medical evidence.
What If the Driver Caused the Crash?
Even if the passenger wasn’t wearing a seatbelt, the at-fault driver can still be held liable for causing the accident. This is true whether the driver was speeding, distracted, intoxicated, or made a negligent error behind the wheel.
If you’re a passenger injured by someone else’s negligence—whether that’s the driver of the car you were in or another vehicle—you may still have a valid claim. Let a car accident lawyer in Sacramento evaluate your case and determine how comparative fault may affect your potential compensation.
The Real Consequences of Not Wearing a Seatbelt
According to the National Highway Traffic Safety Administration (NHTSA), the impact of not wearing a seatbelt is staggering. In 2023 alone, 49% of passenger vehicle occupants killed in crashes were not wearing seat belts. That’s nearly 12,000 lives lost due to a preventable decision. Seat belts saved an estimated 14,955 lives, and another 2,549 lives could have been saved if those individuals had been properly restrained.
Even more alarming, 56% of people killed in nighttime crashes in 2023 were unrestrained.
Not wearing—or improperly wearing—a seatbelt doesn’t just increase the risk of injury; it significantly raises the chances of death:
- Being ejected from the vehicle is almost always fatal, and seat belts are the first and best line of defense.
- Airbags are not a substitute for seat belts. Without one, you could be thrown into a rapidly deploying airbag, which can injure or even kill you.
- Wearing the shoulder strap under your arm or behind your back increases injury risk, especially to vital organs.
Proper seatbelt use has been proven to save lives:
- In a passenger car, wearing a seatbelt can reduce your risk of fatal injury by 45% and moderate-to-critical injury by 50%.
- In a light truck, it reduces fatal injury risk by 60% and moderate-to-critical injury by 65%.
These facts highlight why buckling up is critical—not just for your safety, but for protecting your legal rights if you’re involved in a crash. Passengers not wearing seatbelts may still recover compensation, but insurers will likely try to reduce that recovery by citing comparative fault.
Don’t Let Insurance Companies Use It Against You
It’s common for insurance adjusters to bring up the seatbelt issue quickly after a crash. They may try to assign you a higher percentage of fault to reduce their payout or deny the claim altogether.
This is exactly why you should never speak with insurance alone. The sooner you have an experienced traffic lawyer Sacramento on your side, the better your chances are of recovering full compensation.
What Compensation Can an Unbelted Passenger Receive?
Even if a seatbelt wasn’t worn, injury victims may still be eligible to recover compensation for:
- Emergency medical treatment
- Hospitalization and surgeries
- Long-term rehabilitation or physical therapy
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In fatal accident cases, family members may also pursue a wrongful death claim.
Avrek Law Firm’s team of Sacramento car accident lawyers has helped recover Over $2 Billion for injury victims—and we know how to maximize the value of your case.
Why Legal Representation Matters
Seatbelt-related issues can add layers of complexity to an already difficult case. Whether you’re a passenger or a driver, you shouldn’t face insurance companies alone—especially when they’re eager to shift the blame.
At Avrek Law Firm, we understand how to:
- Investigate accident details thoroughly
- Challenge unjust claims of comparative fault
- Work with accident reconstruction professionals and doctors
- Handle communications with aggressive insurers
- Push for maximum recovery—even when seatbelt use is disputed
In fact, we explain why getting legal help always beats dealing with insurance alone.
Contact a Sacramento Car Accident Lawyer Today
If you or a loved one were injured as an unbelted passenger in a crash, don’t let insurance companies take advantage of you. You may still have a strong case, and you deserve to understand your legal options.
Contact an experienced accident lawyer Sacramento at Avrek Law Firm today. Call us at 866-598-5548, open a live chat, or complete the online form to begin your free case evaluation.