Yes, you can, but the other driver’s insurance company will use it against you. Texas law changed significantly in 2015, and what used to be a non-issue in personal injury cases is now a tool defense attorneys and insurers actively exploit to reduce what crash victims recover.
At Amanda Demanda Injury Lawyers, we represent clients in Houston car accident cases and across Texas, and we know exactly how insurers approach seatbelt arguments. Our job is to counter those arguments and fight for the full compensation you deserve.
How Texas Handles Fault in Car Accident Cases
Texas operates under a proportionate responsibility system, which divides fault among all parties involved in a crash. Under this framework, your total compensation is reduced by your percentage of responsibility. As long as your share of fault is 50% or less, you can still recover. If it exceeds 50%, you are entirely barred from any recovery.
This system is central to how fault is determined in Texas accidents, and it is exactly the framework insurers use when they raise a seatbelt defense.
The Texas Ruling That Changed Seatbelt Evidence Forever
Before 2015, Texas courts excluded seatbelt non-use as evidence in civil cases. That changed when the Texas Supreme Court issued its ruling in Nabors Well Services v. Romero, holding that evidence of seatbelt non-use is admissible to show a plaintiff’s proportionate responsibility, but only when the non-use caused or contributed to the specific injuries at issue. Not wearing a seatbelt cannot be used to argue that you caused the accident. It can only be used to argue that your injuries were worse because of it.
That distinction matters enormously. The other driver’s liability for causing the crash does not disappear. What changes is how much of your total damages you may be able to recover if a jury finds your non-use contributed to your injury severity.
How Insurers Use the Seatbelt Argument
Insurance companies treat the seatbelt defense as a negotiating and litigation tool. Their goal is not just to acknowledge your lack of a seatbelt. It is to maximize the fault percentage assigned to you and drive your recovery as close to zero as possible. In Texas car accident claims, even a 30% fault assignment can mean tens of thousands of dollars less in your pocket.
They will typically bring in biomechanical engineers or medical professionals to argue that your injuries were caused or worsened specifically by not being restrained. Countering this requires your own evidence and an attorney who knows how to challenge causation arguments effectively.
Arguments That Can Defeat the Seatbelt Defense
The defense only holds if they can show a clear connection between seatbelt non-use and your injuries. When that connection is weak or absent, the argument falls apart. Several factors can work in your favor, and a strong legal strategy will be built around them. The types of evidence and arguments that may counter the seatbelt defense include:
- Injury location: injuries that a seatbelt, such as certain head or limb trauma could not have prevented
- Crash severity: when impact forces were so extreme that restraint would not have changed the outcome
- Causation burden: the defense must prove the link between non-use and injury, not assume it
- At-fault driver’s negligence: keeping focus on what the other driver did to cause the accident
Every case is different, and the strength of a seatbelt defense depends heavily on the nature of the crash and the injuries involved.
When the Stakes Are Higher
In crashes involving catastrophic outcomes, the seatbelt argument can affect far more than a single settlement figure. Families pursuing wrongful death claims in Houston face the same proportionate responsibility framework, and insurers will raise seatbelt evidence in those cases as well. Having skilled legal representation from the start is especially important when the damages at stake are significant.
Amanda Demanda Injury Lawyers Will Fight for What You Deserve
A seatbelt defense is not a dead end. It is a litigation strategy, and it can be challenged. At Amanda Demanda Injury Lawyers, we have taken on complex Texas car accident cases and know how to build the kind of record that holds up against insurer tactics. Our legal team includes Attorney Amanda Demanda, a Super Lawyer, a nationally ranked Top 100 attorney by the National Trial Lawyers, and the president-elect of the Miami-Dade Trial Lawyers Association.
If you were injured in a Texas crash and were not wearing a seatbelt, your case is not over before it starts. Reach out to us today to discuss what happened and find out how we can help you pursue the compensation you are owed.
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