If you were in a car wreck and weren’t wearing a seatbelt, you might be wondering: Can I still file a personal injury claim? And will it affect my compensation?
The short answer is: Yes, you can still recover damages—but a recent change in Louisiana law means that not wearing a seatbelt could reduce your payout.
Until recently, insurance companies and defense attorneys couldn’t use your seatbelt non-use against you in court. That’s no longer the case.
As of 2024, Louisiana law allows them to introduce evidence that you weren’t buckled up—and argue that your injuries were worse because of it. That doesn’t mean you lose your case, but it does mean:
Yes. Not wearing a seatbelt does not cancel out your legal rights. If the other driver caused the wreck, you can still seek compensation for things like medical bills, pain and suffering, lost income, and property damage. The key is proving that the other driver was at fault. Your lack of a seatbelt is a factor—but it doesn’t erase their responsibility.
Not necessarily. Insurance companies have to prove that your injuries were worse because you weren’t wearing a seatbelt. In many wrecks, especially serious ones, the injuries may have occurred either way. We work to push back on those arguments and make sure they don’t take advantage of this new law to deny you fair compensation.
Even with the law change, not wearing a seatbelt doesn’t mean you’re out of luck. But it does make things trickier—and that’s why having an experienced attorney matters.
Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Madisonville, Goodbee, Hammond, Lacombe, Pearl River, and Slidell.
When you hire us, rest assured that an attorney handles your case. Your
file won’t be handed over to a junior attorney or secretary. Communication is a cornerstone of our firm.
Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
