Seatbelt use plays a significant role in both personal safety and legal proceedings following a car crash. If you were injured in a car accident but weren’t wearing a seatbelt, you might assume your legal options are limited.
The reality is more nuanced. Florida’s legal framework allows accident victims to pursue compensation even when if weren’t following seatbelt laws when the car accident occurred. However, there are some important factors to consider.
Florida’s Seatbelt Law & Its Impact on Claims
Florida law requires drivers, front-seat passengers, and passengers under 18 to wear seatbelts. The primary purpose of this law is safety, but its implications extend to legal claims after an accident. If you weren’t wearing a seatbelt when the crash occurred, you may still have the right to file a claim, but your actions could influence the outcome.
Not wearing a seatbelt doesn’t automatically disqualify you from seeking compensation. However, it does open the door for the at-fault party or their insurer to argue that your injuries might have been less severe if you had been properly restrained. This argument, often referred to as the "seatbelt defense," can reduce the amount of compensation you receive.
Florida’s Comparative Negligence Rule
As of March 2023, Florida operates under a modified comparative negligence system. This means that each party involved in an accident is assigned a percentage of fault, and plaintiffs can only recover compensation when they are found to be 50% or less at fault for an accident.
So, if you weren’t wearing a seatbelt and this contributed to the severity of your injuries, the court may assign you partial fault for your damages. If the total amount of fault attributed to you exceeds 50%, you cannot collect damages.
How Seatbelt Use Affects Settlement Negotiations
Most personal injury cases settle before going to trial, and seatbelt use can become a key point in negotiations. Insurance adjusters may argue that your compensation should be reduced due to your lack of seatbelt use. Having experienced legal representation can help counteract these arguments and ensure you receive fair compensation.
Your attorney may present evidence that your injuries would have occurred regardless of seatbelt use or that the other driver’s negligence was the primary cause of your harm. A strong case often encourages insurers to offer a fair settlement rather than risk losing in court.
Contact Us for Legal Assistance
If you weren’t wearing a seatbelt when a car or truck accident occurred, you aren’t out of luck just yet. There’s still a chance you could recover compensation for your injuries, as long as a court finds that you aren’t mostly at fault for causing them.
Proving this point can be difficult and requires a skilled personal injury lawyer’s assistance. When you need to fight for the compensation you require to move forward, you can always reach out to Paulsen Law Group for help.
Contact us today to request legal assistance.