Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
A car accident can leave you dealing with injuries, medical bills, and questions about who will pay for the damage. If you weren’t wearing a seat belt when the crash happened, you may also be worried about how that could affect your claim. A New Orleans car accident lawyer can help explain how Louisiana law may affect your case.
This guide explains how Louisiana handles seat belt evidence in injury cases, the role fault can play, and what to know if an insurance company raises the issue.
Yes. Not wearing a seat belt does not automatically take away your right to file a claim after a Louisiana car accident.
If another driver caused the crash, you may still seek compensation for:
However, you may still discuss seat belt use during the case.
Before 2021, Louisiana generally did not allow evidence that someone was not wearing a seat belt in a car accident injury case. That changed on January 1, 2021. The law now allows courts to consider seat belt non-use in civil cases.
This means the other side may argue that not wearing a seat belt worsened your injuries. They may use crash evidence or expert opinions to support that claim.
The change allows this issue to be considered, but it does not automatically make you at fault or decide how much compensation you can receive.
Louisiana’s comparative fault law can reduce or prevent compensation when an injured person shares responsibility for an accident. For crashes on or after January 1, 2026, someone found 51% or more at fault generally cannot recover damages. If their share of fault is 50% or less, their compensation is reduced by that percentage.
For example, if your damages total $100,000 and you are found 20% at fault, you could recover $80,000. At 40% fault, you could recover $60,000.
See Louisiana Civil Code Article 2323 for the rules on assigning fault.
If you were injured in a Louisiana car accident, you may be able to seek compensation for:
|
Type |
What It May Recover |
| Economic damages | Medical bills, lost wages, and future medical care |
| Non-economic damages | Pain, emotional distress, and loss of enjoyment of life |
| Punitive damages | In limited cases, such as certain drunk driving crashes |
The amount you recover may be affected by Louisiana’s fault rules and the evidence in your case.
An insurer may argue that wearing a seat belt would have reduced your injuries. It may use this argument to dispute how much it should pay.
If the insurer brings up seat belt use, ask what evidence supports its claim. Avoid agreeing to statements about your injuries or faults unless you know they are accurate. For more on these conversations, read our guide to handling insurance adjusters.
Different records can help show what happened in the crash and how it affected you.
Keep copies of these records as you work through your claim. You can also read our guides on car accident liability and documenting an accident scene.
Yes. You can still file a claim if another driver caused the crash. Not wearing a seat belt does not automatically bar you from compensation.
The insurer cannot deny your claim solely because you were unbuckled. It may argue that this worsened your injuries.
If you are found partly at fault, your compensation may be reduced under Louisiana law. The seat belt evidence may be considered when assessing your injuries.
Police reports, medical records, crash photos, and witness statements can help show how the accident happened and what injuries you suffered.
A lawyer can review your evidence, explain how Louisiana’s seat belt and fault rules apply, and help you respond to the insurer’s arguments.
Charbonnet Law Firm represents people injured in car accidents in New Orleans and helps them understand their legal options after a crash. The firm can review what happened, explain the claims process, and answer questions about seeking compensation.
If you were hurt in a crash and are unsure how not wearing a seat belt could affect your claim, the firm can discuss your situation and explain what to expect as you move forward.
Contact Charbonnet Law Firm to talk about your accident. The firm offers a free consultation to discuss your case and possible next steps.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
