Do I Still Have a Case If I Wasn’t Wearing a Seatbelt?
You were in a crash. You got hurt. But there’s a detail you can’t stop thinking about:
You weren’t wearing your seatbelt.
Now you’re wondering—Does that mean I can’t file a claim?
It’s a question we hear all the time at our firm, especially from crash victims in neighborhoods like Meyer Park, Escalante, or along Mill Avenue where short drives often feel too casual for buckling up.
The good news? You can still file a claim—even if you weren’t wearing a seatbelt in Arizona. But you need to understand how it affects your case, your compensation, and how the insurance company will try to use it against you.
Let’s walk through how it works—and how a Tempe car accident attorney who understands Arizona’s seatbelt defense law can help you navigate it.
Arizona Law: Seatbelt Use Matters—but It Doesn’t Automatically Disqualify You
Arizona requires drivers and front-seat passengers to wear seatbelts under ARS § 28-909.
However, failure to wear a seatbelt does not mean you lose your right to recover compensation.
Arizona follows a pure comparative negligence rule. That means:
You can recover damages even if you were partially at fault
Your compensation is reduced by your percentage of fault
So if you were injured in a crash and not wearing a seatbelt, the insurance company can argue that your injuries were worse because of it. But they still have to prove it.
And often? They can’t.
The Insurance Company Will Try to Use It Against You—Even When It Doesn’t Apply
Let’s say you were hit in a rear-end collision while stopped at a red light. No seatbelt. You suffered a mild TBI and whiplash.
The at-fault driver’s insurer may claim:
“If you had worn your seatbelt, the injury wouldn’t have been as bad.”
But here's what they often leave out:
Seatbelts don’t always prevent soft tissue injuries
In side-impact or rollover crashes, seatbelts don’t eliminate head trauma
Medical causation is complex—and must be proven by expert testimony
If they can’t connect your injuries specifically to your lack of seatbelt use, their argument won’t hold. That’s why working with a lawyer is key. We counter their tactics with crash reconstruction, medical evidence, and legal precedent.
Common Injury Types Where Seatbelt Defense Falls Flat
Some injuries just aren’t preventable by a seatbelt. In fact, we’ve seen insurance companies try and fail to reduce compensation for:
Pedestrian injuries (no seatbelt involved)
T-bone crashes with door intrusion
Spinal cord injuries caused by vehicle collapse
Distracted driving crashes where impact angle mattered more than restraint use
Rear-end crashes at high speeds
If your injuries would have occurred regardless of your seatbelt use, your case value may remain the same.
What Courts Actually Care About
The key question isn’t “Were you wearing a seatbelt?”
It’s:
Would a reasonably careful person have avoided the injury—or reduced its severity—by buckling up?
If the defense can prove that, the court may reduce your damages by a percentage (say, 10%–25%) based on the estimated impact. But they have to provide:
Crash data
Medical expert analysis
Correlation between seatbelt use and specific injuries in your case
In many Tempe pedestrian crash cases, seatbelt arguments don’t even come into play. And in low-speed neighborhood crashes (common in Meyer Park or residential areas), the difference may be negligible.
What You Should Do if You Weren’t Wearing a Seatbelt
First, don’t panic.
Then, take these steps:
Tell your attorney the truth. Hiding the seatbelt detail will only weaken your case later.
Get a full medical evaluation. Delayed injuries (like TBI or soft tissue trauma) often don’t show up for days.
Avoid giving a recorded statement to insurance. They’ll use your words against you.
Let your lawyer control the narrative. With expert witnesses, we can show that your injuries were not caused—or not significantly worsened—by lack of restraint.
If you're already unsure how much time you have to act, visit azcourts.gov for filing info. But better yet, get a free consultation before delays hurt your case.
Will the Jury Hold It Against You?
Arizona juries follow law—not judgment.
That means if your case goes to court (which most don’t), a jury will be instructed to assign a percentage of fault only if the defense proves the seatbelt would have changed the outcome.
If your injuries were likely the same with or without it?
Your award shouldn’t change.
That said, perception matters. And that’s where having a Tempe accident attorney who knows how to communicate the real story of your crash can make all the difference.
Real Example: Seatbelt Case from Meyer Park
One of our clients in Meyer Park was broadsided by a delivery truck. No seatbelt. She fractured two ribs and suffered chronic neck pain.
The insurance company tried to cut her claim in half—arguing that a seatbelt would’ve prevented injury.
Our team brought in crash experts and her treating physician. The evidence showed:
Seatbelt wouldn’t have prevented rib fractures
Neck injuries consistent with lateral blunt force trauma
Impact came from driver’s side, where seatbelt tension was irrelevant
The jury assigned just 5% comparative fault. Her compensation was reduced by a few thousand dollars—not the $40,000 the insurer tried to shave off.
Bottom Line: Seatbelt or Not, You Still Have Rights
Arizona doesn’t throw out your case just because you weren’t buckled up.
But insurance companies will try to make you think that’s the law—because it’s cheaper for them.
Your job is to get smart legal help and build a case that tells the full story. Whether you were driving to work, grabbing food on Apache Boulevard, or cruising through Meyer Park without thinking to buckle up, you still have the right to compensation when someone else’s negligence caused your injuries.
Don’t let shame—or misinformation—cost you the claim you deserve.
Let a Tempe car crash attorney who knows how to handle seatbelt defense cases protect your side of the story.
