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Florida Seat belt Law & Seat Belt Defense

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Florida Seat belt Law & Seat Belt Defence

In 2017, most people are well aware of the importance of wearing seat belts. According to a recent study, seat belt use rate is hovering around 90% for all drivers and passengers. This a great statistic because seat belts are known to save lives. Research has shown that using a seat belt will reduce the risk of a fatal injury during a car accident by 45% and reduce the risk of moderate-to-critical injury by almost 50%. Because seat belts play such a critical factor in determining life or death in a car accident, states have enacted seat belt laws to protect drivers and passengers. Currently, there are 34 states that have primary seat belt laws for front seat occupants and 15 states that only have secondary laws.

FLORIDA SEAT BELT LAW

In Florida, the seat belt law requires that front seat occupants must wear seat belts. Moreover, all passengers under the age of 18 must wear a seat belt or be in a child car seat. This law applies to all Florida cars, trucks, and vans. Drivers found to be in violation of the above requirements will be cited with a ticket.

FLORIDA SEAT BELT DEFENSE 

Not only is driving without a seat belt unsafe and against the law, but it may also be used against an injured plaintiff in a car accident trial. If a plaintiff is found to have not been wearing his or her seat belt at the time of the accident, an insurance company will argue Florida’s seat belt defense to reduce the plaintiff’s damages. Florida is comparative negligence state which means that a plaintiff’s damages will be reduced in proportion to the amount they are found to be at fault. For example, if a car accident victim sues a negligent driver for a damages sustained in a Florida car accident, a jury may conclude that the accident victim was 30% at fault and the defendant driver was 70% at fault. In this situation, a plaintiff will only be able to recover 70% of their total damages due to comparative negligence.

Therefore, if a plaintiff is involved in a car accident and it is shown that the plaintiff was not wearing their seatbelt, the insurance company will attempt to show that the plaintiff’s failure to buckle up contributed to his or her injuries. This is an affirmative defense, thus requiring the defendant to bring forth this argument. It is on the defendant to show that:

  1. plaintiff failed to use an available and operational seatbelt;
  2. nonuse was unreasonable; and
  3. failure to use the seatbelt caused or substantially contributed to the plaintiff’s damages.

If a defendant is able to establish Florida’s seat belt defense, a plaintiff’s damages will be reduced by the amount they are found to be at fault. As such, it is not only important for all drivers to wear seat belts for safety purposes, but also because it may drastically affect the amount of money awarded when a plaintiff is injured by a negligent driver.

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Client Testimonials

Maria Paula HernandezMaria Paula Hernandez
11:06 14 Apr 23
Thank you so much Devon & your team for such excellent service. From the second we contacted Devon about a car accident, he immediately got to work. Devon was always responsive (even on weekends) and explained every single step of the process. My aunt doesn’t speak English, but his assistant did an amazing job and was always so sweet. Devon was always one step ahead of everything and resolved my aunts case within less than 2 months. Got full settlement after the other party didn’t even want to accept liability at first. Thank you for your professionalism and hard work.
Deborah-Ann BoddenDeborah-Ann Bodden
20:59 20 Mar 23
In the midst of a tragic car accident my mother was in, Devon was a shining light for myself and my mother. I was referred to Devon by a previous client (he came highly recommended) and we've experienced why for ourselves. Devon handled every detail of my mother's case with care and concern, as if it was his own. He kept us up-to-date regularly and was readily available anytime we needed him (even over the holidays!) He was able to get my mother the maximum amount of payment she could receive with Allstate's uninsured motorists policy, even when they tried to lowball us originally. I would HIGHLY recommend Devon at Workman Injury Law if you are ever in need of a good and reliable personal injury attorney.
Nicole Lynn -CraveroNicole Lynn -Cravero
19:24 23 Nov 22
First off I'd like to say that Devon and his team are hands down amazing. The car accident I was in left me with pretty bad neck and back injuries, and Devon was there for me every step of the way. He made sure that he was available anytime I had any questions or concerns, he personally reached out to me any time there were any updates. He made a very difficult time in my life a little easier knowing he was on my side. Even after everything was said and done, he went as far following up with my bank to ensure my settlement was available in a timely manner which was beyond helpful to my family and I. We cannot thank him enough and would happily recommend his services to anyone seeking legal help!
Maria WardMaria Ward
21:27 09 Nov 22
Devon Workman, did a wonderful job handling my personal injury case. He was in constant contact with me explaining what was going on with my case. If I had questions he was always available. The end result; he got me the maximum amount. I would highly recommend him as my personal injury attorney. Thank You Devon.
graciela lescanograciela lescano
16:17 30 Aug 22
Devon Workman is the most genuine attorney I have ever worked with. He handled my case in an efficient and timely manner. I felt like my case was in good hands, and he kept me updated throughout the entire process. He also helped answer questions for a friend of mine about an unrelated case with no hesitation. He truly wants to help in any way he can. Highly recommend!
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