How Not Wearing a Seat Belt Can Affect Your Fresno Car Accident Case

Seat belts save lives. You have probably heard this simple statement many times. But it is true—wearing a seat belt can greatly reduce the chances of severe injury or death in a crash. Yet some people forget or choose not to wear one.

If you were in a car accident and were not wearing a seat belt, it could impact your legal case. Below, we will explain how California law treats seat belt use, what happens if you seek compensation for injuries but did not buckle up, and how a Fresno car accident attorney can help.

Why Does Seat Belt Use Matter in a Fresno Car Accident Case?

In California, it is mandatory to wear seat belts when driving or riding in a vehicle. This is covered under California Vehicle Code Section 27315, also known as the Motor Vehicle Safety Act. While a simple seat belt ticket may not seem like a big deal, seat belt use becomes very important when you are injured in a car crash and want to seek compensation.

If you were not wearing a seat belt, the other side (often the insurance company or defense lawyer) might argue that your injuries got worse because you chose not to buckle up. This could lower the amount of money you can get from a settlement or court award.

Does Not Wearing a Seat Belt Automatically Mean You Were Negligent?

No, not automatically. California Vehicle Code Section 27315 says that not wearing a seat belt does not by itself prove you were negligent. Nor does it create “negligence per se.” But, a jury or judge can still look at the facts and decide if your not wearing a seat belt contributed to your injuries.

In other words, it is not an instant loss for your case if you did not buckle up. But you should be ready for the defense to use your choice against you.

How Can Not Wearing a Seat Belt Affect Compensation?

When someone is hurt in a car accident, they may seek damages for:

• Medical bills
• Lost wages (time missed from work)
• Pain and suffering
• Property damage, if applicable

If you did not wear your seat belt, the defense could claim:

• You would have had smaller injuries if you wore one.
• Therefore, part of your injuries (or maybe most of them) are your own fault.
• This can lead to something called comparative fault or contributory negligence. That means the court might reduce the percentage of money you receive based on how much they think you contributed to your own injuries.

Why Does Expert Testimony Matter in Fresno Car Accident Cases?

To prove that your injuries got worse because you did not wear a seat belt, the other side usually needs expert testimony. For example, in Franklin v. Gibson, 138 Cal. App. 3d 340, the court held that the defense must show through an expert—often a medical or accident-reconstruction specialist—what might have happened if you had worn your seat belt. Similarly, in Lara v. Nevitt, 123 Cal. App. 4th 454, it was stated that an expert may need to pinpoint which injuries could have been avoided.

Without an expert, it is hard for the defense to prove that you would have been fine had you buckled up. But remember, once the defense brings an expert, they might try to say your injuries are partially on you.

Can You Still Win Your Fresno Car Accident Case Even If You Did Not Wear a Seat Belt?

Absolutely. Even if you did not wear a seat belt, you may still win compensation. The key point is that:

• Not wearing a seat belt does not automatically make you responsible for the crash.
• The defense must prove your injuries would have been less serious if you wore one.
• A jury might lower the amount you get, but they might still decide the other driver was mostly at fault for causing the crash in the first place.

Every case is different. A Fresno car accident lawyer can help you gather evidence—like witness statements, police reports, and medical records—to support your side of the story.

Do You Need a Fresno Car Accident Lawyer?

Handling a car accident claim can be confusing—especially if the other side claims you made your injuries worse by not wearing a seat belt. That is where an experienced Fresno car accident lawyer comes in. A Fresno car accident attorney can:

• Investigate the crash details (police reports, witness statements).
• Hire experts (such as medical professionals and accident reconstruction specialists) to show the cause of your injuries.
• Negotiate with insurance companies that might try to reduce your settlement because of seat belt issues.
• Argue for the right percentage of fault—possibly showing that wearing or not wearing a seat belt would not have changed your injuries as much as the defense says.

Without legal help, you might be pressured into a low settlement. An attorney can stand up for you, making sure you get fair compensation.

How We Can Help

At Banafshe Law Firm, we understand how frustrating and scary it is to deal with a car accident—especially if someone tries to blame you for not wearing a seat belt. We proudly serve clients in Fresno and throughout California. Our team:

• Offers a Free Consultation: We want to hear your story at no cost to you.
• Charges No Fees Unless We Win: You owe us nothing until we recover money for you.
• Is Available 24/7: Accidents do not follow a schedule, so we are here when you need us.
• Works Diligently: We gather evidence, consult with experts, and negotiate or go to trial if needed.

Injured? Contact a Fresno Car Accident Lawyer Today!

Remember, not wearing a seat belt does not necessarily destroy your case, but it might reduce how much you recover if a jury or judge decides you are partly to blame for your injuries. The best move is to wear your seat belt every time you drive—and if you have already been in a crash, talk to a lawyer who can guide you.

Call 855-997-6599 or contact us online for a FREE CONSULTATION. Hablamos Español. We are committed to getting you the compensation you deserve, so do not wait. Injuries unravel your life—we piece it back together!