Can I File an Injury Claim If I Wasn’t Wearing a Seat Belt in Louisiana?

Can I File an Injury Claim If I Wasn’t Wearing a Seat Belt in Louisiana?

It is common knowledge that seat belts save lives, yet millions of drivers and passengers choose to hit the road without buckling up. According to the Centers for Disease Control and Prevention, about 1 in 7 drivers in the United States fails to wear a seat belt – and the consequences are often fatal.

Child in car. Happy girl wearing seatbelts

Because not wearing a seat belt can contribute to the severity of injuries in the event of a collision, some states consider the failure to buckle up to constitute contributory negligence. Fortunately, Louisiana is not one of them.

If you were involved in a car crash with a negligent driver, contact personal injury lawyer Wade L. House at Campbell, House, & Cummins to discuss your case. Mr. House is an experienced car accident attorney in Monroe who will help you navigate the law and fight for the maximum compensation. Call 318-855-0285 to arrange a consultation. Can I File an Injury Claim If I Wasn’t Wearing a Seat Belt in Louisiana?

Regardless of whether you are the one driving or simply a passenger, you must wear a seat belt while inside a moving vehicle in Louisiana. Parents are also required by law to ensure their children passengers between the ages of 6 and 12 are restrained by either a lap belt, shoulder strap or booster seat.

Pursuant to Louisiana RS 32:295:1, occupants of all vehicles must “have a safety belt properly fastened about his or her body at all times when the vehicle is in forward motion…failure to wear a safety belt in violation of this Section shall not be considered evidence of comparative negligence” in any action to recover damages after an accident. This means that if you were not wearing a seat belt during the crash in question, that fact cannot be used against you to mitigate damages.

Although failure to wear a seat belt is not considered contributory negligence, there are many other reasons why the insurance company or at-fault driver might dispute liability or the value of your damages. An experienced car accident attorney will help you avoid critical mistakes that would lead to a dispute, such as giving a recorded statement or publishing harmful posts on social media.

The personal injury lawyers at Campbell, House, & Cummins can evaluate your case and explain the steps you should take to strengthen your claim. We understand how difficult it can be to cope with serious injuries after an unexpected accident. Our attorneys are here to investigate your case, gather all available evidence, and help you and your family fight for justice and the maximum compensation from all liable parities.

To schedule a consultation with Monroe car accident attorney Wade L. House at Campbell, House, & Cummins, call 318-855-0285 today. You can learn more about car crash claims in Louisiana by visiting the USAttorneys website.


Campbell, House, & Cummins

1815 Roselawn Ave

Monroe, LA 71201