The California law mandates that the drivers and the passengers alike to wear seatbelts. However, you may still be able to recover damages if you weren’t wearing a seatbelt during your accident. Albeit, your compensation would be reduced for your own percentage of negligence. Since California is a state that allows for a finding of comparative fault, the settlement amount will be reduced by the same percentage as your fault. Even though you may be able to recover, you might end up receiving a citation for failing to wear a seatbelt while driving or riding in a car.