Can I sue the driver of a car I was in, who caused an accident where I was injured, if I was not wearing a seatbelt?Return to FAQ Videos
Yes, you can sue the driver of the vehicle that you were in for your injuries when you’re not wearing a seatbelt. However, the law does require you to wear a seatbelt. The insurance company and their adjusters, or later down the road if you’re at a mediation, or if a judge or jury is looking at this to resolve it, they will consider the fact that you were not wearing a seatbelt, and what percentage if any of that fact of not wearing your seatbelt helped cause the injuries that you sustained. In some cases it can be a lot and in some cases it can be a little. That’s why you have to get competent counsel involved in the case, get the right experts involved if you were not wearing a seatbelt to help see if it contributed at all to your injuries that you have in the case.