The Seat Belt Defense in Florida

Florida requires that all drivers and their front-seat passengers use seat belts while on the road. People under 18 years of age must wear their seatbelts whether they are in a front or rear seat. If you’ve been in a collision and there is evidence that you were not wearing your seat belt at the time, then the opposing party can point to the fact that your injuries were at least partially your fault.

Accordingly, the seat belt defense in Florida can benefit the defendant or the person that is accused of causing the accident. Typically, if the opposing party’s attorney can show that you were not wearing a seatbelt at the time of the accident, they may be able to prove that any injuries you suffered were worsened by your failure to be properly restrained. A Florida jury may consider evidence that a plaintiff failed to use an available and operational seat belt, if that failure substantially contributed to the plaintiff’s injuries. Please note that a failure to use an available and operational seat belt does not constitute negligence per se and does not make a prima facie case of negligence.

Pursuant to Fla. Stat. § 768.81 Comparative Fault, the percentage of plaintiff’s damages attributable to the plaintiff’s negligent conduct should be used to reduce the damages the plaintiff can recover. In Florida, the jury ultimately determines whether your failure to use a seat belt contributed to your injuries. The jury is to consider both the plaintiff’s negligence in operating the vehicle and the failure to use a seat belt when calculating the percentage of fault. Accordingly, when the jury is considering whether the plaintiff was negligent, the jury should be instructed to calculate a single total percentage for that comparative negligence whether it involves a seat belt issue or another issue of comparative negligence. This calculation of the percentage of comparative negligence should then be reflected on the verdict form and used to reduce the total jury award in a single calculation.

However, as long as another driver had liability for the crash, you have the legal right to pursue and collect damages for your injuries—even if you did not have your seat belt on at the time of the accident. This is because Florida is a pure comparative negligence jurisdiction which means that each party can be found partially liable or to blame for an accident.

If you or a loved one has been injured due to the negligence or careless driving of another then we can help protect your legal rights. Our firm understands the nuances and defenses that come up in automobile accident cases. We will work diligently to investigate the facts of your case, work with adverse parties, consult experts and essentially do whatever it takes to get you in the most beneficial position possible. After any type of crash, you should consider talking to a car accident lawyer to learn what your rights and obligations are under the law. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.

Contact us today at 786 Lawyers for a free consultation!