Can I Recover Damages If I Wasn’t Wearing a Seatbelt?
If you were injured in a car accident but weren’t wearing your seatbelt, you might wonder: Can I still recover compensation? In Florida, the answer is usually yes — but the amount you receive may be reduced.
At The Bonderud Law Firm, we help clients navigate the impact of Florida’s seatbelt defense and fight to maximize recovery, even when mistakes were made. Here’s how it works.
Florida’s Seatbelt Law
Florida law (Fla. Stat. § 316.614) requires that:
- Drivers, front-seat passengers, and all passengers under 18 must wear seatbelts
- Failure to wear a seatbelt is a non-criminal traffic infraction, but it can also affect your personal injury claim
What Is the Seatbelt Defense?
In a personal injury case, the seatbelt defense allows the at-fault driver (or their insurer) to argue that:
Your injuries were caused or worsened by your failure to wear a seatbelt — not just by the accident itself.
If successful, this argument can reduce the amount of damages you recover.
How Does It Affect My Case?
Florida follows a comparative fault system. If a jury finds that not wearing a seatbelt contributed to your injuries, your compensation may be reduced proportionally.
Example:
- You are awarded $100,000 in damages
- The jury finds you 25% at fault for not wearing a seatbelt
- You would recover $75,000
The burden is on the defense to prove:
- A seatbelt was available
- You failed to use it
- Your injuries would have been less severe if you had worn it
This often requires expert medical or accident reconstruction testimony.
You Can Still File a Claim
✅ You may still recover damages for:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of earning capacity
✅ You are still protected under Florida’s no-fault laws for initial PIP benefits (up to $10,000), regardless of fault or seatbelt use.
Defending Against the Seatbelt Defense
We work with:
- Medical experts to assess injury causation
- Accident reconstructionists to simulate injury outcomes
- Witnesses and crash data to establish the severity of the impact
We may also argue that your injuries would have occurred regardless of seatbelt use — or that the other driver’s actions were the overriding cause.
Don’t Let a Missed Seatbelt Cost You Everything
Not wearing a seatbelt may reduce your recovery — but it doesn’t eliminate your right to compensation. At The Bonderud Law Firm, we fight to hold negligent drivers accountable and minimize the impact of the seatbelt defense.
Contact us today to schedule a consultation and protect your rights after a crash.
