Being involved in a car accident without wearing a seatbelt raises concerns about compensation. In Florida, while wearing a seatbelt is required by law, it does not completely prevent you from seeking compensation.
Here’s how seatbelt usage impacts your ability to recover damages after a crash.
Florida’s comparative negligence rule
Florida follows a comparative negligence rule, which means that even if you were partially at fault for your injuries, you might still be eligible to recover compensation. However, the amount you receive will be reduced based on your share of fault. If the court determines that not wearing a seatbelt contributed 30% to your injuries, your compensation would be reduced by that percentage.
Seatbelt defense in Florida
The seatbelt defense is often used by insurance companies or at-fault drivers to argue that a victim’s injuries were worsened because they were not wearing a seatbelt. This defense does not eliminate your ability to recover damages, but it can significantly reduce your payout. To succeed with this defense, the other side must prove that your injuries would have been less severe if you had been properly restrained.
Compensation you can still pursue
Even if you weren’t wearing a seatbelt, you can still pursue several types of compensation, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
However, your compensation may be limited if the lack of seatbelt use is found to have contributed to your injuries.
Navigating Florida’s comparative negligence laws can be complex. An experienced attorney can help you build a case to minimize the impact of the seatbelt defense and ensure you recover the compensation you deserve despite not wearing a seatbelt at the time of the accident.
