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Can I Collect Damages from a Car Crash if I Wasn’t Wearing a Seat belt?

Wearing a seat belt is one of the most important actions you can take when driving or riding in a car. The National Highway Traffic Safety Administration (NHTSA) reported that seat belts saved an estimated 14,955 lives in 2017[1]. By wearing a seat belt in the front seat, you can reduce your risk of dying by 45% and reduce your risk of moderate to critical injury by 50%[2]. Your car’s airbags are designed to work with seat belts, not alone, so you can’t rely on them to provide the same degree of protection that the seat belts do.

Florida law requires that all car drivers, front seat passengers, and passengers under the age of 18 wear a seat belt. According to the Florida Department of Highway Safety and Motor Vehicles, “Drivers and passengers 18 or older can be cited if they, or any passenger under the age of 18, are not properly strapped in. Drivers will be charged with a seat belt violation if any passenger under the age of 18 is not restrained with a seat belt or child restraint device.”[3]

In spite of the health benefits and legal requirements of wearing a seat belt, some adults still choose not to do so. If you are in a car accident and not wearing a seat belt, you can be thrown from the vehicle through the windshield and land the pavement; you also could hit your head or body on the dashboard or on another passenger. Any of these scenarios could cause you to die or suffer severe injuries that require expensive, long recovery times.

If this happens to you or a loved one, you may wonder if you can sue the negligent driver for damages. According to Florida’s laws, you can make a claim against the negligent driver for your costs for medical bills, rehabilitation, nursing, lost wages, and pain and suffering. However, Florida uses a process called comparative liability to determine how much compensation you will be awarded. This means that the insurance company or judge will determine what percent of your injuries were your fault for not wearing a seat belt and reduce your damages by that amount. For practical purposes, this means that even if you win your case, you may not receive enough funding to fully cover all of the expenses you incurred as a result of the accident.

If you were injured in an accident and not wearing a seat belt, start by contacting ECanter Lawyers. We will review the details of your situation and advise you of your legal options. Call us today for a free consultation at 561-447-4500.

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[1] NHTSA. Seat Belt Safety: Buckle Up America | NHTSA. Accessed January 7, 2022.

[2] NHTSA. Seat Belt Safety: Buckle Up America | NHTSA. Accessed January 7, 2022.

[3] FLHSMV. Buckle Up Florida, It’s the Law! – Florida Department of Highway Safety and Motor Vehicles (flhsmv.gov). Accessed January 7, 2022.

ECanter Lawyers

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With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

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