Buckling Up is not just a slogan anymore; it is necessary for preventing significant injuries in a vehicle accident and to strengthen compensation claims. Wearing your seatbelt can not only provide you with physical protection against serious injuries but also secure your innocence in the case. If you are injured in a car accident while not wearing your seat belt, the court might rule that you partially caused your injuries. 

Seat Belt Defense in Florida is a significant legal approach undertaken in car accidents. At Abercrombie, P. A., we can provide you with extended legal support regarding this. An experienced car accident attorney will help you understand Florida’s laws on seat belt defense and how it can impact your car accident case.

Check out this blog to get a quick idea of how the inclusion of a seatbelt can influence judgments in a car accident case. Continue reading to know more. 

What is the Seatbelt Defense in Florida? 

Sometimes, car accident victims contribute to their injuries. Although it is unintentional, it might impose severe physical, emotional, and legal impacts. 

For instance, if you weren’t wearing a seat belt at the time of an accident, the defendant could argue that you partially contributed to your injuries. As a result, your compensation claim can be reduced or trialed further. 

The Seatbelt defense is often raised by parties at fault in car accidents in an attempt to lower the amount for which they can be liable after a car accident. However, the successful effort of this defense technique will depend on the series of events that lead up to the accident. 

Injuries that can occur from not wearing a Seatbelt

Car accidents can impose minor to severe injuries, mainly when a seatbelt is not included. It can lead to a devastating condition. Common injuries for not buckling up your seatbelt include, but are not limited to: 

• Traumatic brain injuries 
• Internal Bleeding 
• Whiplash 
• Back and neck injuries 
• Broken Bones 
• Permanent Disfigurement 

If you have been experiencing severe back pain from a car accident, it is time to analyze how quickly you can recover critically. Expensive medical care might impose financial pressure and is eligible for a compensation amount. What if the severity of not wearing a seatbelt is taken into consideration? Here’s what you need to know. 

How Can the Seatbelt Defense Derail Your Case? 

Car Accident cases in Florida mostly witness a particular percentage of responsibility assigned to the defendant and the plaintiff. However, if the judge or the jury believes that you are guilty, it can impact your potential judgments. 

In Florida, not wearing a seatbelt can be considered an act of contributory negligence. Depending on the facts of the case, the defendant’s insurer or car accident lawyer may assert that the plaintiff is partially responsible for their injuries. 

The defendant might try to prove contributory negligence by putting forward the following situations:

• There was an available and functioning seatbelt that the plaintiff neglected to use. 
• The plaintiff’s refusal to wear a seatbelt was reasonable, according to the situation. 
• The plaintiff’s decision not to wear a seatbelt significantly contributed to their injuries. 

In such cases, consulting our auto accident attorney services can provide adequate assistance in negotiating the compensation amount. 

Can I still recover damages if I wasn’t wearing a seatbelt? 

You can still potentially recover financial compensation, even if you weren’t wearing a seatbelt. In fact, Florida Law prevents insurance companies from using your failure to wear a seatbelt as an absolute defense. However, it might influence how much compensation you will receive. 

For instance, if you experience permanent neck pain after a car accident, the severity of your condition will be evaluated. It can be primarily due to severe blows on the vehicle, wrong placement of seats, and other facts apart from lack of seatbelt. In such cases, medical records might act as the primary source of evidence in determining the partial fault. 

Consulting an experienced car accident attorney can assist you with proper evidence collection,  documentation, and negotiation for an appropriate settlement. So that you are not unfairly penalized for not wearing a seatbelt. 

Conclusion 

Not wearing a seatbelt can lead to severe physical injuries and long-lasting emotional trauma as a result. However, you can still secure your compensation amount with on-time legal assistance. At Abercrombie, P.A., we can extend you with proper legal assistance for car accident cases. If you are a victim of a vehicle collision, don’t hesitate to contact us. Connect with us today.