If you were injured in a car accident in Florida and weren’t wearing a seatbelt, you may wonder whether you can still recover compensation, and the answer is often yes. However, your failure to use a seatbelt could have a significant impact on how much you can recover.
Understanding Florida’s Seatbelt Law
Under Florida Statute § 316.614, drivers and front-seat passengers are required to wear seatbelts, as are all passengers under 18. But violating the seatbelt law doesn’t automatically mean you’re barred from getting compensation in a personal injury case.
The “Seatbelt Defense” in Personal Injury Claims
When you file a personal injury claim, the other side (or their insurance company) may raise what’s known as the seatbelt defense. Essentially, they argue that because you weren’t buckled up, your injuries were either caused or made worse by that failure, not just by the accident itself.
In order for the defense to succeed, they typically need to prove three things:
- A seatbelt was available and working in the vehicle.
- You unreasonably failed to use it.
- Your injuries would have been less serious if you had worn it.
They’ll often lean on expert testimony, medical or accident reconstruction, to support these arguments.
Modified Comparative Negligence in Florida
As of 2023, Florida shifted from a “pure” comparative negligence model to a modified comparative negligence system under Florida Statute § 768.81.
What this means:
- If you are found more than 50% at fault (for example, your lack of seatbelt use is judged to be over 50% responsible for your injuries), you cannot recover any damages.
- If your portion of fault is 50% or less, you can still recover, but your compensation will be reduced in proportion to your share of fault.
For instance, if a jury awards you $100,000 in damages, but determines you were 25% at fault because you didn’t wear your seatbelt, your final recovery could be cut to $75,000.
What Kinds of Damages Can You Still Claim?
Even if the seatbelt defense is raised, you may still recover for typical personal injury damages, such as:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of future earning capacity
How to Fight the Seatbelt Defense
To counter the seatbelt defense, it’s important to work with a personal injury lawyer who:
- Can hire medical experts to testify on causation, showing that your injuries weren’t necessarily worse because you failed to belt up.
- Can engage an accident reconstruction specialist to analyze whether wearing a seatbelt would have realistically made a difference.
- Will argue that the failure to wear a seatbelt should not disqualify you entirely, especially if other parties were primarily at fault.
Why You Should Talk to an Attorney Immediately
If you’ve been injured in a crash and weren’t wearing a seatbelt, don’t assume you have no case. Insurers will likely assert the seatbelt defense aggressively, but a seasoned Florida personal injury firm can evaluate all the facts, build a strong response, and fight to preserve as much of your compensation as possible.
Bottom line: In Florida, not wearing a seatbelt does not automatically bar you from recovering damages, but thanks to the modified comparative negligence rule, your compensation can be reduced based on your percentage of fault. Speak with a qualified personal injury attorney to understand your rights and build the strongest possible case.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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