Category: Car Accidents

How Not Wearing a Seatbelt Affects Your Car Accident Claim

Posted by: Kemmy Law Firm

Although Texas law requires that all drivers and passengers wear seatbelts, failing to wear one will not necessarily stop you from obtaining compensation if someone else causes your car accident.

At Kemmy Law Firm, our family of driven and highly successful personal injury lawyers can help you obtain the most money possible after a car accident. While the insurance company will try to blame you and pay as little as possible, we will gather the necessary evidence to prove that their policy holder is at fault and should be held legally liable for the damages they caused, even if you weren’t wearing a seatbelt at the time.

Whether you need a car accident lawyer in Odessa, TX, or an auto accident attorney in Hobbs, NM, we will listen to your story and give you a realistic assessment of the situation. Call (210) 735-2233 today. There’s no risk in calling because we offer free initial consults, and are only paid when you recover compensation. We have offices in San Antonio, TX, Odessa-Midland, TX, and Hobbs, NM.

Am I At Fault for My Injuries If I Wasn’t Wearing a Seatbelt?

The other driver’s insurance company will likely try to blame you for your injuries. They may even say that you wouldn’t have been injured as badly or at all if you had been wearing a seatbelt. However, this is a defensive tactic that we can combat.

By reconstructing the accident, speaking to witnesses, and compiling reports, we can often prove that the actual cause of the wreck was the other driver’s negligence. And if not for their irresponsible actions, you would not have been put in a precarious situation that required a seatbelt’s protection.

Essentially, if the accident had not happened, you would not have been injured at all.

On the other hand, if a judge or jury were to find that you were partially at fault for some of your injuries, we can still recover compensation.

As long as you were 50% or less at fault, you can still recover under Texas’ modified comparative fault rule. Most people don’t know that, so insurance companies often try to scare people who have been injured into thinking they can’t get recover any compensation.

Let Kemmy Law Firm protect your rights against the large companies who don’t want to pay what is fair.

Will Not Wearing a Seatbelt Reduce My Compensation?

Many factors impact exactly how much money you can expect in a car accident claim. Since every case is unique, it is possible that the insurance company will offer a reduced amount and blame the fact that you were not wearing a seatbelt.

Kemmy Law Firm understands that you want to get as much money as possible to cover your losses, such as medical bills and lost wages. We will help determine what your claim is worth and fight back against the insurance company’s claims when they try to reduce your settlement.

We will collect evidence of your injuries, medical reports, your bills, and document your lost wages all in an effort to present the full value of what you lost. And if they refuse to make a fair offer, we are not afraid to take them to trial.

Contact Kemmy Law Firm After a Car Accident

The Kemmy Law Firm serves injury victims and their families throughout the Permian Basin. With over 50 years of combined legal experience and millions recovered for our clients, let us handle every part of your claim and get what you are entitled to under the law.

You deserve as much money as possible to make you whole again. Contact us online or call (210) 735-2233. Initial consultations are free and you owe nothing unless you recover compensation.

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Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.