Seat Belt Laws and Personal Injury Claims
If you were injured in a car accident, seat belt laws may impact the consideration of filing a personal injury claim against the other driver with their insurance company. You may be awarded compensation that can help you pay your medical bills as well as damages for general pain and suffering and to make up for any lost wages due to missed work. If you were not wearing a seat belt at the time of the accident, it may affect your personal injury claim.
Florida Seat Belt Laws
In Florida, the law requires the use of seat belts. The Florida Supreme Court has held that the failure to wear a seat belt is a factor that should be considered in determining responsibility for car accidents. See Ridley v. Safety Kleen Corp., 693 So. 2d 934, 939–40 (Fla. 1996) (holding that failure to wear seat belt should be properly raised as affirmative defense of comparative negligence).
Wearing a Seat Belt
Seat belts have statistically reduced injuries and fatalities related to car accidents by over 50 percent. It is important to your safety that you wear a seat belt at all times while in a car as either a passenger or a driver. Aside from potentially causing harm as well as breaking the law, if you get into an accident while you are not wearing a seat belt, it could greatly affect your personal injury claim.
Whether you intend to file a personal injury claim with your own insurance or the insurance company of the other driver, the fact that you were not wearing a seat belt when the accident took place could affect the amount of compensation you receive under comparative negligence. Comparative negligence means that your damages will be reduced by the percentage of which you were responsible for your injuries. By not wearing a seat belt, you made the choice to statistically increase your chance of serious injury. The insurance companies will use this information against the outcome of your personal injury claim.
Personal Injury Attorney
It may be a good idea to consider hiring a personal injury attorney. An attorney can help you look over the facts of your case and ensure that your personal injury case goes smoothly and has the best chance for success so you can receive the compensation you need and deserve.