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Will the fact that I was not wearing a seatbelt affect my case?
THE QUESTION: I was in a car acccident and suffered injuries and property damage. The insurance adjuster asked me if I was wearing my seatbelt during the accident, but the wreck was not my fault. Will the fact that I was not wearing a seatbelt affect my case?
THE ANSWER: If you were involved in a car accident, contact an experienced attorney before you answer any questions about the accident, especially to an insurance company representative. The Law Office of Houston M. Smith offers a free initial consultation to help you answer specific questions about your case.
As for the general question regarding the admission of seat belt use as evidence in a car accident injury case, the Texas Supreme Court recently reversed a 1974 law that prohibited evidence of the plaintiff's failure to use a seat belt as part of a lawsuit. The recent ruling states that evidence of non-use of a seat belt can now be considered in a court case, which means that failire to use a seatbelt may affect the damages you can recover.