My seatbelt was unbuckled when the driver of the car I was in caused an accident and I was injured. Can I sue the driver for my damages?
You may be able to sue the driver, but your recovery may be limited by what injuries the seatbelt would have prevented. Under the mitigation of damages doctrine, a person who has suffered an injury or loss must take reasonable action to avoid additional injury or loss. In other words, you must avoid activities that aggravate your injury and abide by any medical requirements or limitations that would make your injury worse. The failure to take protective steps after suffering an injury or loss can reduce the amount of your recovery.
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