Can I Recover Damages for a Car Crash If I Was Not Buckled Up?

 Posted on July 21, 2025 in Car Accidents

After a car accident, one of the most pressing questions you may wonder about is whether you can pursue compensation even if you were not wearing a seat belt. This is a common concern, as many drivers assume that failing to buckle up means you automatically lose the right to sue. Thankfully, that is not the case.

Under Colorado law, you may still recover damages for your injuries after a car crash, even if you were not wearing a seat belt. However, your compensation could be reduced if the insurance company or the at-fault driver successfully argues that your injuries were worse than they would have otherwise been because you were not buckled up. To understand more about the process and your options, speak with a qualified Colorado personal injury lawyer.

How Does Colorado Law Address Seat Belt Use in Injury Claims?

Colorado follows a modified comparative negligence system under C.R.S. § 13-21-111. This means you can recover damages as long as you were less than 50 percent responsible for the crash. If you are found partially at fault, your compensation will be reduced in proportion to your share of fault.

In addition, C.R.S. § 42-4-237 allows the defense to raise your lack of seat belt use as a way to reduce the amount of damages you receive. However, there are limits to this, for example:

• The other driver still needs to be primarily at fault for the crash.

• The failure to wear a seat belt can only be used to reduce non-economic damages (like pain and suffering); it does not impact your compensation for medical bills or lost wages.

• The maximum reduction is 10 percent of the non-economic damages awarded.

While the at-fault party’s insurance company may bring up your seat belt usage, it cannot use it to completely avoid paying a claim.

Why Fault Still Matters More Than Seat Belt Use

The most important factor in a personal injury case is who caused the crash. If the other driver was speeding, distracted, impaired, or otherwise negligent, they can still be held accountable for your injuries, even if you were unbuckled. Many people who are not wearing seat belts still suffer injuries that would have occurred regardless, or injuries that were worsened only slightly. An experienced lawyer can help gather the evidence you need to support this.

Crash reconstruction experts and medical professionals may be brought in to show how the accident happened and what injuries would likely have been caused, whether or not a seat belt was used. Your legal team can also push back against unfair attempts to shift blame away from the driver who caused the crash.

Contact a Colorado Car Accident Attorney

As of July 2025, Colorado law continues to protect injury victims even if they made a mistake like forgetting to buckle up. Do not assume you have no case. If you were injured in a car accident in Colorado, even if you were not wearing a seat belt, you may still be eligible for compensation. Contact a Denver, CO car accident attorney at The Gold Law Firm for a free consultation. We will review your case and help you understand your options. Call us today at 303-694-4653.