Yes. You can still file a claim in Florida even if you were not wearing a seat belt. However, before speaking with any insurance company about your accident, it is critical to call a personal injury lawyer first.
Florida Safety Belt Law
Florida's safety belt law requires all drivers, all front-seat passengers, and all passengers under the age of 18 to wear their seat belts when traveling on public roads. Drivers and passengers who are 18 or older can be pulled over and cited for not wearing their seat belts. Additionally, drivers are legally responsible for ensuring that all passengers under 18 are properly strapped in with either a seat belt or an appropriate child safety seat.
Despite the strict enforcement of this law, failure to wear a seat belt remains a serious public safety concern. The Florida Department of Highway Safety and Motor Vehicles reports that on average, 41% of people killed in vehicle collisions across the state were not wearing seat belts.
Despite the strict enforcement of this law, failure to wear a seat belt remains a serious public safety concern. The Florida Department of Highway Safety and Motor Vehicles reports that on average, 41% of people killed in vehicle collisions across the state were not wearing seat belts.
Seat Belt Defense
Under Florida law, insurance companies and defense attorneys may raise the seat belt defense, arguing that your failure to wear a seat belt contributed to the severity of your injuries. While not wearing a seat belt is not automatically considered negligence, it can still be used as evidence in determining fault.
To reduce damages under this defense, insurers and defense lawyers must prove:
To reduce damages under this defense, insurers and defense lawyers must prove:
- A seat belt was available and operational in the vehicle.
- You unreasonably failed to use the seat belt.
- Your injuries would have been less severe if you had worn the seat belt at the time of the accident.
Modified Comparative Negligence In Florida
Florida follows a modified comparative negligence system with a 50% bar rule (Florida Statute 768.81). This means that you can recover damages as long as you are not more than 50% at fault for the crash. If your fault exceeds 50%, you are barred from recovering any compensation.
The seat belt defense often ties into comparative negligence. If a court finds that not wearing a seat belt contributed to your injuries, your compensation may be reduced by the percentage of fault assigned.
Example: If your total damages are worth $100,000 and the court finds you 25% at fault for not wearing a seat belt, your compensation would be reduced to $75,000.
The seat belt defense often ties into comparative negligence. If a court finds that not wearing a seat belt contributed to your injuries, your compensation may be reduced by the percentage of fault assigned.
Example: If your total damages are worth $100,000 and the court finds you 25% at fault for not wearing a seat belt, your compensation would be reduced to $75,000.
How to Counter the Seat Belt Defense
Not wearing a seat belt may complicate your personal injury case, but it does not automatically prevent recovery. With the right legal approach, you can challenge the seat belt defense:
- Show that your injuries would have occurred regardless.
Demonstrate that the crash involved extreme force or caused injuries not prevented by a seat belt, using accident reconstruction, medical records, and expert testimony.
- Argue that your failure to wear a seat belt was not unreasonable.
The seat belt defense applies only if your failure to buckle up was unreasonable. You may show that the belt was defective, inaccessible, or that a medical condition prevented you from wearing one.
- Emphasize the negligence of the other driver.
A lawyer can build your case to show that the other driver’s negligence was the primary cause of your injuries and that your seat belt use had little impact in comparison.
What to Do From Here
You can still obtain compensation for your injuries, even if you were not wearing a seat belt during an accident. The key is to act quickly, preserve evidence, and, most importantly, consult a personal injury lawyer before talking to any insurance company. An experienced attorney can protect your rights, counter insurance tactics, and help maximize the recovery you deserve.
Our Jacksonville car accident attorneys at Wilkes & Mee know how to negotiate with insurance companies, and we won't settle until we reach the compensation you deserve.