Chris Corzo Injury Attorneys
Chris Corzo Injury Attorneys
Chris Corzo Injury Attorneys
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Can I Still Recover Damages If I Wasn’t Wearing a Seatbelt?


August 11, 2025  |  Car Accident, Truck Accidents by Chris Corzo Injury Attorneys

The evidence clearly shows that you are more likely to be injured or killed in a car accident if you are not wearing a seatbelt. The National Highway Safety Administration says that half of all car accident fatalities occur from not wearing seat belts. 

While close to nine percent of Americans still choose not to wear them, seatbelts save lives. Additionally, if you are injured in a car accident and are not wearing a seat belt, it could severely impact your ability to recover compensation for your damages. 

You need the help of an experienced Baton Rouge car accident lawyer or truck accident lawyer to build your strongest case and help you recover maximum compensation.

Louisiana’s Seat Belt Law

In the past, if you were not wearing a seat belt and were involved in an accident, that fact could not be used as evidence to reduce your compensation. However, Louisiana law changed in 2021, and now, not wearing a seatbelt can be used as a defense against a claim for damages. 

Louisiana law requires every driver and passenger in a motor vehicle to wear a seatbelt when the car is in motion. There are special laws governing the restraint of minors in vehicles, taking into account their age and size. 

How Your Claim May Be Devalued if You Were Not Wearing a Seatbelt

Whatever damages you incurred due to an accident, the insurance company and defense attorneys will argue that they would not have happened at all or would have been much less had you been wearing a seatbelt. 

For example, if you were ejected from a vehicle and suffered a traumatic brain injury, the defense will argue that had you been properly restrained, you would not have been ejected and would have incurred far less severe injuries. For this reason, the amount of compensation you can recover may be significantly reduced. 

Why You Need the Help of an Experienced Baton Rouge Car Accident Lawyer

You can still file a lawsuit and recover damages even if you were not wearing a seatbelt. However, your compensation is likely to be reduced. You need the assistance of an experienced car accident lawyer to combat the insurance company’s arguments and to build your strongest case. 

Your Baton Rouge car accident attorney may be able to consult medical and other industry experts to help determine whether your injuries would have been severe even if you had been properly restrained. In some cases, your attorney may be able to gather sufficient evidence to prove that your damages should not be reduced due to your failing to wear a seatbelt. 

Your chances of recovering maximum compensation for your damages are significantly greater if an experienced accident lawyer in Baton Rouge represents you. 

Contact a Baton Rouge Car Accident Attorney From Chris Corzo Injury Attorneys Today

If you have been injured in a car accident caused by another party, you may be entitled to recover compensation for your damages. If you were not wearing a seatbelt in the accident, the insurance company will try to deny your claim or have your compensation significantly reduced. 

At Chris Corzo Injury Attorneys, our team of Baton Rouge personal injury lawyers can build your strongest case, work to combat the insurance company’s defense, and help you recover the maximum possible compensation for your damages. 

Call (225) 999-1111 or complete our contact form and schedule a free consultation to discuss your claim with a dedicated car accident attorney in Baton Rouge today. 

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Chris Corzo Injury Attorneys
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Phone (225) 999-1111
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