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Not Wearing A Seat Belt? Here’s How It Can Affect Your Personal Injury Claim In Florida

Florida laws require all drivers and passengers to always wear seat belts while on the road. Failure to do so can cause you to pay fines and face other implications.


Aside from these repercussions, driving while not wearing a seat belt increases the risks of serious injuries in the event of an auto accident. At the same time, it may also affect your personal injury claim.

According to Florida laws, violation costs $30. If you do not follow the child restraint requirements, which requires a child-restraint seat for three years old or younger kids and either a child-restraint seat or safety belt for those ages four to five, the penalty is $60.

Not Wearing a Seat Belt and Its Effects on Your Claim

Since wearing seat belts can reduce the risk of serious injuries or even death due to car crashes, failure to comply may result in a ticket. In worse cases, it could even make a difference between minor injuries and life-altering ones. Some may even prevent death by ensuring they have their seat belts on at all times.

Because of these, it may affect your personal injury claim. A case cannot be dismissed because you did not wear a seat belt. Generally, you could recover compensation if you sustained damages to your vehicle regardless of whether you were wearing a seat belt or not at the time of the incident. After all, buckling up is not the cause of the car accident. However, it can have a significant effect on damages to the vehicle and the value of the claim.

Understanding Mitigation

Since you failed to wear a seat belt, which is illegal, you may end up receiving less compensation. Florida courts may deem it possible to have less severe injuries if you had been wearing one.

Florida follows the comparative fault principle. That means the liability of a defendant is limited to the proportion of negligence. In these types of cases, the compensation will be based on the degree of fault.

If the court decides that the plaintiff is 25% at fault, the amount of compensation for damages they will receive is only 75%. The reduction is called mitigation. If you were not wearing a seat belt at the time of the accident, the damages will be mitigated by the percentage it contributed to the amount.

Did you Get in a Car Accident?

If you have been involved in a car accident, you may be preparing to file a claim to your insurance company. However, the process may not be as easy as it seems.

There are instances when insurance providers try their hardest to reduce the value of a claim. To prevent this from happening, consider working with a reliable auto accident lawyer.

Justice Pays, for instance, has been in the industry for 15 years. The law firm is composed of experienced lawyers who have handled many personal injury claim cases due to auto accidents.

You can get a free case review. The team will check your case to figure out the best course of action so that you will be getting fair compensation.

If you need help in Florida, contact Justice Pays and discuss your circumstances.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Not Wearing A Seat Belt? Here’s How It Can Affect Your Personal Injury Claim In Florida

Goldman Babboni Fernandez
Murphy & Walsh

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