I Wasn’t Wearing a Seat Belt. Can I Still File an Injury Claim?
After being involved in a personal injury incident such as a car accident, your best source of legal guidance is an attorney. California is a comparative negligence state. This means a personal injury lawyer in San Jose can file an accident injury lawsuit on your behalf even if you were partially at fault for your injuries. In other words, you may still be able to recover some compensation, although your total compensation will likely be reduced because you neglected to wear your seat belt.
It isn’t possible to predict exactly how much compensation you will receive, although your personal injury lawyer may give you a rough estimate. If your case is decided by a jury, the jurors will assign you and the defendant blame expressed in percentages. Your award will be reduced by the percentage of your blame. For example, the jury might decide that you are 40% responsible for the severity of your injuries because you didn’t wear your seatbelt. This makes the defendant 60% responsible. Your award would be reduced by 40%.