Whether you are wearing, or not wearing, a seat belt at the time of the accident does not stop you from filing a lawsuit for damages.
It can potentially, however, reduce the other party’s liability for injuries you suffer.
In Texas, injured parties can be determined to be partly responsible for their own injuries if they were not wearing seat belts. This is part of Texas’ modified comparative negligence system.
For instance, say a court determines that your compensation for an accident should be $80,000, but that you are 15% responsible for your injuries because you did not wear your seatbelt. As a result, you would only be paid $68,000 by the plaintiff.
So buckle up!