Legal Implications for Not Wearing a Seatbelt in a Boca Raton Crash

If you were not wearing a seatbelt, your car crash injuries in Boca Raton may have been particularly serious. As you recover from these injuries, you might wonder whether your lack of seatbelt use will have any legal implications. Does this prevent you from pursuing compensation for medical expenses and missed wages? What does Florida law say about this issue? These are questions you can ask your Boca Raton car accident lawyer during an initial consultation.

The Seatbelt Defense is Legal in Florida 

Many States have banned defendants from using the so-called “seatbelt defense.” What exactly is the seatbelt defense? When faced with a personal injury lawsuit or no-fault insurance claim, a defendant could argue that you contributed to your own injuries by failing to use a seatbelt.

This goes back to comparative negligence, an established legal doctrine in Florida. In the Sunshine State, your compensation may decrease depending on your level of fault. Examples include running a red light, speeding, and failing to properly maintain your vehicle.

According to Florida courts, failing to wear a seatbelt can be an example of negligence. This is not the case in many other jurisdictions, where seatbelt use (or lack thereof) has no effect on car accident lawsuits.

You May Still File a Lawsuit if You Didn’t Wear a Seatbelt 

While Florida isn’t the most lenient state when it comes to seatbelt use, it is still better than a “contributory negligence” state. In these few states, you lose the right to sue even if you were 1% to blame for your accident. Although failing to wear a seatbelt may reduce your total compensation in Florida, it is still better than losing any chance of covering your damages.

In Florida, evidence of failure to wear an available and fully operational seat belt may be considered by a jury in assessing an injured party’s damages where the “seat belt defense” is pled; however, the defense must prove that the failure to use the seat belt produced or contributed substantially to producing at least a portion of the injuries and damages claimed by the injured party.   Thus, it is critical to have an experienced personal injury attorney to defend against any potential “seat belt defense.”

 Find an Experienced Auto Accident Lawyer in Boca Raton 

If you’ve been searching for an experienced auto accident lawyer in Boca Raton look no further than Smith, Ball, Báez & Prather. We know that you might have numerous questions about the legal process ahead, and seatbelt use is just one example of a confusing issue. It might be easier to pursue compensation than you realize. Book a consultation today and discuss your next steps in more detail.

Sources: 

flhsmv.gov/safety-center/vehicle-safety/buckle-up-florida-its-the-law/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.614.html