In Colorado, wearing a seatbelt isn’t just a safety measure; it’s a legal requirement. But what happens if you’re injured in a car accident and weren’t buckled up? Can you still file a personal injury claim? The short answer is yes, but the road to compensation becomes more complex. If you’re dealing with the aftermath of a crash, working with a trusted Greeley car accident attorney can help you understand your rights, even if you weren’t wearing a seatbelt when the incident occurred.
Understanding Colorado’s Seatbelt Laws
Colorado law requires all front-seat passengers and drivers to wear seatbelts. Children must also be restrained appropriately according to age and weight guidelines. Failing to do so may result in a fine, but more importantly, it can influence the outcome of your personal injury claim.
Even though not wearing a seatbelt can hurt your case, it doesn’t completely bar you from seeking compensation. The state follows a comparative negligence system, which allows for shared fault in accident claims.
Comparative Negligence Impacts Your Case
Colorado uses a modified comparative negligence rule, which means you can recover damages as long as you are not more than 49% at fault for the accident. However, the compensation you receive may be reduced based on your level of fault.
Let’s say the court determines you were 20% at fault for your injuries because you weren’t wearing a seatbelt. In that case, your total compensation would be reduced by 20%. For example, if your damages amount to $50,000, you would receive $40,000 instead. The court takes into account how much your failure to wear a seatbelt contributed to the severity of your injuries; not to the cause of the crash itself.
The Role of Expert Testimony
To determine how much your injuries were worsened by not wearing a seatbelt, the opposing party may bring in expert witnesses, such as medical professionals or accident reconstruction specialists. They’ll try to show that some or most of your injuries could have been avoided or lessened if you had been buckled in.
At the same time, your legal team can present its own expert testimony to counter these claims. This back-and-forth is crucial in shaping the final percentage of fault assigned to you.
Insurance Companies and Seatbelt Defense
Insurance companies are quick to use the “seatbelt defense” as a tactic to minimize payouts. They may argue that your failure to wear a seatbelt was negligent behavior, and therefore, they shouldn’t be fully responsible for your medical bills or lost wages.
This is where having legal support is essential. An experienced Greeley car accident attorney understands how to push back against these arguments, especially when the insurer’s evaluation of your fault is exaggerated or unsupported by evidence.
Seatbelt Laws and Children
In cases involving minors, Colorado law is even stricter. If a child is not properly restrained, the adult driver can face fines and additional legal consequences. However, when a child is injured in an accident and wasn’t wearing a seatbelt, it doesn’t affect their ability to file a claim. Instead, the issue may impact the adult responsible for ensuring the child’s safety.
It’s also important to remember that even if you were driving a vehicle and a passenger chose not to wear a seatbelt, your case could still be impacted. Fault in these situations depends on multiple factors, including who caused the accident and the extent of each person’s injuries.
Legal Guidance Matters
Filing a personal injury claim without legal representation is always risky, especially when you’re already at a disadvantage due to not wearing a seatbelt. Working with a knowledgeable Greeley car accident attorney gives you a better chance of securing fair compensation. They can guide you through the legal process, negotiate with insurers, and represent you in court if necessary.
Accident claims are often more about evidence and legal strategy than a single detail, such as seatbelt use. A strong case can still be built if there’s proof the other driver was negligent, texting, speeding, running a red light, or driving under the influence.
Final Thoughts
While not wearing a seatbelt can complicate your case, it doesn’t eliminate your right to file a claim after a crash. Colorado law allows injury victims to seek damages, even if they share some degree of fault. With skilled legal help, you can navigate these challenges and pursue the compensation you deserve.