If you get into a car accident and weren’t wearing a seatbelt, you might feel like you shouldn’t seek help. You could be hurt, with bruises, broken bones, or serious injuries, and that moment of forgetting to buckle up may seem to affect your rights. In Colorado, many accident victims share this worry, but it’s important to understand the law.
The good news is that you can still file a personal injury claim even if you weren’t wearing a seatbelt. However, how this affects your compensation can be complicated. Colorado law addresses shared fault and comparative negligence, with specific details to consider. How your injury occurred, who caused the crash, and how you present your case all impact your ability to recover damages.
Colorado’s Comparative Fault Rule Explained
Colorado uses a rule called “modified comparative negligence.” This rule means that if you get injured, you can still get money for your damages even if you share some of the blame. As long as you are not more at fault than the other party, you can receive compensation. If you are found to be 49% at fault or less, you can still get money, but the amount will be lowered by how much you are to blame.
For example, if a jury decides you are 20% at fault for your injuries because you were not wearing a seatbelt, and the other driver is 80% responsible for the crash, you can still get 80% of your damages. However, if you are found to be 51% at fault or more, you will not get anything. This is why it’s very important to build a strong case with clear facts and expert opinions.
Not Wearing a Seatbelt Isn’t the Same as Causing the Crash
It’s essential to understand the distinction between causing an accident and contributing to your own injuries. Not wearing a seatbelt may affect how badly you were hurt, but it didn’t cause the crash. This distinction matters. Courts and insurance companies look at who is responsible for the accident and who is responsible for how much you were injured.
For example, if another driver runs a red light and hits your car, they caused the crash, even if you weren’t wearing a seatbelt. The seatbelt didn’t run the red light. Your choice may change how much money you can receive for damages, but it doesn’t change the other driver’s fault. Maintaining this separation is crucial to maximizing the benefits of your claim.
The Seatbelt Defense: What It Means and How It Works
In Colorado, defendants can use the “seatbelt defense” to argue that not wearing a seatbelt contributed to your injuries. However, this does not automatically reduce liability. The defendant must prove, often with help from medical experts or accident reconstruction, that wearing a seatbelt would have significantly lessened your injuries.
This means a defense lawyer can’t just claim, “They weren’t wearing a seatbelt,” and expect a reduction. They must provide credible, specific evidence related to the case. For example, in a low-speed crash where seatbelt use likely wouldn’t have changed the outcome, the defense may not succeed. But in high-impact crashes where seatbelts are known to prevent ejection or spinal injuries, the argument might be stronger.
Medical Records and Expert Testimony Are Key
Medical documentation is very important in seatbelt-related claims. It helps show the nature and severity of your injuries and whether they would have happened or been less severe if you had worn a seatbelt. The defense often tries to weaken your case by arguing that your injuries were preventable.
Your legal team can bring in experts like biomechanical engineers, accident reconstructionists, and medical professionals to support your claims. For example, if your pelvis was crushed in a side-impact crash, experts can demonstrate that the impact’s force would have caused the injury, even if you wore a seatbelt. This detailed evidence helps ensure you aren’t unfairly blamed for a mistake made in a moment of trauma.
Insurance Companies Will Use It Against You—Be Prepared
Insurance adjusters often try to reduce the amount they pay out. If they find out you weren’t wearing a seatbelt, they might use that against you. They could suggest your claim isn’t worth much or pressure you into accepting a low settlement. However, not wearing a seatbelt doesn’t take away your rights; it just adds another point for negotiation.
Having a good lawyer can make a big difference in these situations. Your attorney can push back against the adjuster’s tactics, shape the discussion, and highlight the real reason for your injury: the other driver’s negligence. Without legal support, you might end up with much less money than you deserve—or possibly nothing at all.
You May Still Be Entitled to Economic and Non-Economic Damages
Even if a jury or an insurance company thinks your injuries got worse because you weren’t wearing a seatbelt, you might still qualify for compensation. This compensation can cover medical bills, physical therapy, lost wages, reduced earning ability, and pain and suffering. While the total amount may be lower, it’s usually not zero.
A reduction in compensation doesn’t mean your injury didn’t happen; it just means that part of the problem was self-inflicted. If someone else caused the accident, you still have the right to hold them responsible. If your legal team can show that your injury would have happened anyway, the reduction might be small or might not happen at all.
Children and Seatbelt Laws: Special Considerations
When a child is injured in an accident, Colorado’s child restraint laws become very important. If parents or guardians do not properly secure a child in a car seat, they could be seen as partly at fault, which might complicate their claim for compensation. However, if the other driver was careless or reckless, the family can still seek compensation for the injured child.
The law aims to balance responsibility with understanding. Judges and juries pay close attention to how the accident happened, whether the parent acted reasonably, and how the injuries relate to the use of restraints. Generally, a child’s right to seek recovery stays intact, even if the adult’s decisions affect how much the family can claim.
The Bottom Line: One Moment Shouldn’t Define Your Future
Yes, wearing a seatbelt is critical, and choosing not to wear one can carry consequences. But in Colorado, that one choice doesn’t erase your right to compensation. It doesn’t mean you caused the accident, and it doesn’t give the at-fault driver a free pass. The law accounts for complexity, and so should your legal team.
If you were injured in a crash and you weren’t wearing a seatbelt, don’t assume your case is dead. You still have legal standing. You still have a story to tell. And you still deserve to be heard. With the right representation, one misstep won’t stop you from fighting for what’s fair.
Casares Injury Law
Address: 115 Wilcox St Suite 220, Office 225, Castle Rock, CO 80104
Phone: (303) 688-7474
URL: https://casaresinjurylaw.com
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
