You May Still Have a Case If You Weren't Wearing Your Seatbelt During an Accident

If you were injured in a car accident caused by another driver while not wearing a seatbelt, you may have a harder time receiving compensation for your injuries. Under Florida law, the driver, any passenger in the front seat, and any other passengers under 18 years old are required to wear a seatbelt. If you were not wearing a seatbelt, you should expect the other driver’s insurance company and attorney to argue that this caused your injuries and precludes you from receiving any compensation. Fortunately, this is not fatal to your case.

How the Seatbelt Defense Will Impact Your Case

Under Florida law, the negligent driver can raise the seatbelt defense to your claim for damages. To use this defense, he would need to prove the following:

• You were not wearing a seatbelt.

• There was a relationship between your injuries and your failure to wear a seatbelt.

• The connection between you getting hurt and your failure to wear your seatbelt is not just wishful thinking or conjecture.

If the driver establishes the seatbelt defense, you would have an opportunity to rebut—or argue against—this defense. You would need to show that:

• Your injuries were not caused by your failure to wear a seatbelt or were just more severe because of the lack of a seatbelt.

• The evidence produced by the driver is speculation or insufficient to prove his defense.

You most likely will be found partially negligent in causing your injuries by not wearing a seatbelt. Under Florida’s comparative negligence doctrine, your compensation would be reduced by the percentage you were found to be at fault in causing the accident. For example, if you were 40 percent at fault by not wearing a seatbelt, you would still be entitled to 60 percent of your medical bills, lost wages, and pain and suffering. This could be a substantial sum.

It is never a good idea to get behind the wheel without wearing your seatbelt. However, don’t make an even bigger mistake by failing to pursue your right to compensation from the driver who caused your accident. An experienced car accident attorney can help you defeat the seatbelt defense. Call us at (727) 345-4566 to schedule a free consultation to learn more about your rights and how we may be able to help you.