Understanding Florida’s Seat Belt Defense in Car Accident Cases

Introduction

Wearing a seat belt is not only a legal requirement in Florida but also a critical factor in determining liability and damages in car accident cases. Florida follows a seat belt defense rule, which allows insurance companies and defendants to argue that a victim’s failure to wear a seat belt contributed to their injuries, potentially reducing the amount of compensation they can recover.

This guide explains how Florida’s seat belt defense works, how it affects personal injury claims, and what accident victims can do to protect their right to full compensation.

Florida’s Seat Belt Laws and Requirements

Florida law requires:

• All drivers and front-seat passengers to wear seat belts.
• All passengers under 18 to wear seat belts, regardless of where they are seated.
• Children under five to be secured in an appropriate child restraint system.

Failure to wear a seat belt is considered a primary offense, meaning law enforcement can stop and ticket a driver or passenger for not complying with the law.

What Is Florida’s Seat Belt Defense?

The seat belt defense is a legal argument that allows a defendant to claim that the victim’s injuries were worse because they were not wearing a seat belt. This means that even if another driver caused the accident, the compensation for the injured party may be reduced if it can be proven that a seat belt would have lessened the severity of their injuries.

To successfully use the seat belt defense, the defendant must show:

• The victim was legally required to wear a seat belt but did not do so.
• The failure to wear a seat belt contributed to the severity of the injuries.
• The injuries would have been less severe or prevented entirely if a seat belt had been used.

This defense does not absolve the at-fault driver of liability but can reduce the amount of damages the victim receives.

How the Seat Belt Defense Affects Compensation

Florida follows a modified comparative negligence system, meaning that an accident victim’s compensation may be reduced based on their percentage of fault. If the court finds that failing to wear a seat belt contributed to the injuries, it may assign a percentage of responsibility to the victim.

For example:

• A driver is injured in a rear-end collision but was not wearing a seat belt.
• The court determines that the at-fault driver was 80 percent responsible for the crash but that the victim’s injuries were 20 percent worse due to not wearing a seat belt.
• If the total damages are $100,000, the victim’s compensation would be reduced by 20 percent, meaning they would receive $80,000.

The actual percentage of fault assigned depends on medical evidence and expert testimony regarding how much the seat belt would have reduced injuries.

Exceptions to the Seat Belt Defense

While the seat belt defense can be used to reduce compensation, there are limitations:

• The defense applies only to injury claims, not to liability for causing the accident itself.
• The defendant must prove that the injuries would have been less severe if a seat belt had been worn.
• If the injuries were caused by factors unrelated to seat belt use, the defense may not apply.

In some cases, an attorney may challenge the seat belt defense by arguing that the victim’s injuries would have occurred even if they had been wearing a seat belt.

What to Do If the Seat Belt Defense Is Used Against You

If an insurance company or defendant attempts to use the seat belt defense to reduce compensation, taking the following steps can help protect a claim:

• Obtain medical records and expert testimony to dispute claims that a seat belt would have prevented the injuries.
• Gather accident reports and witness statements to show that the crash was severe enough to cause injuries regardless of seat belt use.
• Work with an attorney to challenge any improper or exaggerated claims made by the insurance company.

How a Personal Injury Attorney Can Help

An experienced personal injury attorney can:

• Investigate whether the seat belt defense is being used appropriately or unfairly.
• Work with medical and accident reconstruction experts to analyze the severity of injuries.
• Challenge insurance company claims that seek to unfairly reduce compensation.
• Negotiate for full damages, including medical expenses, lost wages, and pain and suffering.

At Bonderud Law, we help accident victims fight back against insurance companies that try to reduce compensation using the seat belt defense. If you have been injured in a crash, contact us today for a free consultation.

Conclusion

Florida’s seat belt defense allows insurance companies to argue that a victim’s injuries were worse because they failed to wear a seat belt, potentially reducing the amount of compensation they can recover. However, this defense does not eliminate liability for the at-fault driver and can be challenged with strong legal representation.

If you are facing a personal injury claim where the seat belt defense is being used against you, consulting with an attorney can help ensure that you receive the compensation you deserve.