Can I Still Claim Damages if I Was Not Wearing a Seat Belt?

Failure to wear a seat belt is evidence of comparative fault in Florida

Yes, but the process can be complex due to Florida’s strict interpretation of seat belt laws in liability cases. Florida’s version of the seat belt defense, which varies in different states, is unusually harsh in the way it treats victims. Generally, the failure to wear a seat belt is, at most, admissible only for limited purposes. This limited application is based on the legal rules regarding mitigation (voluntary reduction) of damages. But in Florida, the failure to wear a seat belt is admissible as a defense to liability (legal responsibility for the wreck) and damages (amount of compensation).

However, the law is not as unfavorable as it seems at first blush. In fact, even if a victim was not wearing a seat belt for comfort or other purely personal reasons, a Brandon personal injury lawyer can obtain substantial compensation in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additionally, lawyers usually settle injury cases out of court and on victim-friendly terms.

Comparative Fault in Florida

Per state law, failure to use a seat belt could be evidence of comparative fault. In most states, if victims are substantially responsible for their own injuries, they’re ineligible for compensation. However, the Sunshine State is different, at least in terms of the result.

Procedurally, Florida is identical to other states. If judges determine that victims substantially contributed to their own injuries, juries must apportion responsibility on a percentage basis (50-50, 80-20, etc.).

Florida is a pure comparative fault state. Even if a victim is 99% responsible for an injury, the tortfeasor is liable for a proportionate share of damages.

Comparative fault is a two-part defense, meaning that a Brandon personal injury lawyer has two chances to keep the insurance company from using it. First, a lawyer must convince a judge that the victim’s negligence substantially contributed to the victim’s injuries.

Excessive speed is a good example. If Tony was speeding 5 mph over the limit, that excessive speed most likely did not substantially contribute to the wreck. However, if Tony was speeding 25 mph over the limit, a judge would almost certainly allow the insurance company to use the comparative fault defense.

Convincing a judge is not enough. The insurance company must then make the same sales pitch to jurors. Usually, all 12 jurors must agree to a comparative fault percentage.

The Seat Belt Defense Up Close

Since the seat belt defense is a kind of comparative fault, it is also a two-part defense. The failure to wear a seat belt is only evidence of comparative negligence. It must be weighed alongside other factors to determine responsibility.

First, the insurance company must prove that the victim voluntarily did not wear a seat belt. Seat belt safety recalls are common. Individual issues with buckles, straps, or other seat belt components are even more common.

Furthermore, most children do not voluntarily buckle themselves into safety seats. So, the seat belt defense could be irrelevant if the victim was a young child.

Next, the insurance company must prove the failure to wear a seat belt, as opposed to the other driver’s negligence, substantially caused the victim’s injuries. Internal motion, not a trauma impact, causes most car crash injuries. So, in many cases, victims would sustain the same injuries whether they wore seat belts or not.

The insurance company must prove both points by a preponderance of the evidence (more likely than not). Usually, this proof must include expert testimony and other evidence that is specific to the accident, not simply general safety statistics.

Count on a Dedicated Hillsborough County Attorney

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Brandon, contact Carman & Finegan, P.A. Virtual, home, and hospital visits are available.