You’re hit by another driver, who is clearly at fault. But now the insurance company says you’re to blame for your injuries because you weren’t wearing a seatbelt at the time. Can they really reduce or deny your payout over that one little decision?
Most people assume that if the other driver caused the crash, they’ll be fully compensated. But not wearing a seatbelt can complicate your claim and cost you part or all of the compensation you deserve.
Here’s what you need to know about how seatbelt use impacts car accident claims in Florida, and why working with an experienced Miami car accident lawyer can help protect your rights.
Florida Seatbelt Laws: What Does the Law Say?
Under Florida law, drivers, front-seat passengers, and anyone under 18 must wear a seatbelt while the vehicle is moving. Because it’s a primary offense, law enforcement can stop you and issue a ticket even if that’s the only violation.
However, the consequences of not buckling up are more serious than just a traffic ticket. In a personal injury claim, the opposing insurance company or defense attorney might argue that your injuries were worse because you didn’t wear a seatbelt, making the injuries partially your fault.
The Seatbelt Defense: Can It Hurt Your Claim?
Yes, it can. But forgetting to buckle up doesn’t automatically disqualify you from compensation; the defense must first prove the lack of seatbelt usage contributed to your injuries.
Instead of focusing solely on who caused the crash, the defense may argue that not wearing a seatbelt made your injuries worse. This strategy is known as the seatbelt defense and is recognized under Florida Statute § 316.614(10).
According to the National Highway Traffic Safety Administration (NHTSA), seatbelts reduce the risk of death by 45% and moderate to critical injury by 50% for front-seat passenger car occupants. That’s why insurance companies are quick to raise this defense; they can use it to argue your injuries were preventable except for your own actions, rather than those of the other driver.
Essentially, they’re saying: “Even if our client caused the accident, the plaintiff’s injuries wouldn’t have been so severe, or might have been avoided entirely, if they had followed the law and worn a seatbelt.”
As a result, your compensation could be reduced, particularly if your injuries are similar to those commonly prevented by seatbelt use (e.g., head trauma, chest injuries, or being ejected from the vehicle).
Florida’s Comparative Negligence Law: What Happens Next?
Florida’s updated comparative negligence rule takes away your ability to recover damages if you’re more than 50% at fault for your injuries. If your share of blame is 50% or less, you can still receive compensation, but your percentage of fault will reduce it.
Here’s one example of how that works:
- You’re awarded $100,000 in damages.
- The court determines you were 20% at fault for not wearing your seatbelt.
- Your final compensation would be reduced by 20%, leaving you with $80,000.
But if you’re found more than 50% at fault, you recover nothing, even if your injuries were severe and the other driver was negligent.
This is why having a Miami car accident lawyer who can present a strong case on your behalf and challenge any exaggerated claims about your share of fault is critical.
How a Miami Car Accident Lawyer Can Help
Insurance companies will seize any opportunity to reduce what they owe you. Not wearing a seatbelt gives them leverage, but it doesn’t mean your case is hopeless. A skilled attorney can:
- Gather medical evidence to show that your injuries would have occurred regardless of seatbelt usage.
- Consult accident reconstruction experts who can testify about the impact and injury mechanisms.
- Argue against inflated fault claims, ensuring the seatbelt defense doesn’t unfairly reduce or eliminate your compensation.
- Negotiate a fair settlement or take your case to trial if the insurer refuses to treat you fairly.
A strong legal strategy focuses on proving that the other driver’s negligence was the main cause of your injuries and minimizing any fault assigned to you.
You Still Have Rights
Even if you forgot to buckle up, you may still qualify for compensation under Florida law. The key is to act quickly and work with a knowledgeable Miami car accident lawyer who will stand up for your rights and push back against any attempt to unfairly blame you.
If you’ve been hurt in a car accident in Miami, whether you were wearing a seatbelt or not, contact our law firm for a free, confidential case review. Don’t let an insurance company use the seatbelt defense to shortchange you; let Aigen Injury Law fight for every dollar you deserve.