Can You Still File an Injury Claim if You Weren’t Wearing a Seatbelt in a Miami Car Accident?

Wearing a seatbelt is one of the most important safety precautions you can take while driving or riding in a vehicle, and it’s required by Florida law. What happens if you’re involved in a car accident in Miami and you weren’t wearing a seatbelt? Can you still recover compensation for your injuries? The answer is yes—but it may not be as straightforward.

In this blog, we’ll explore the legal implications of not wearing a seatbelt in a Miami car accident and explain how you can still pursue damages with the help of an experienced personal injury attorney.

Florida’s Seat Belt Law: What You Need to Know

Florida law requires drivers, front-seat passengers, and all passengers under the age of 18 to wear seatbelts while in a vehicle. Under Florida Statutes § 316.614, failure to wear a seatbelt is considered a traffic violation, and you can be ticketed if you are caught not wearing one. But beyond traffic violations, failing to wear a seatbelt can also impact personal injury claims following a car accident.

Comparative Negligence and the “Seatbelt Defense”

Florida operates under a comparative negligence system, which means that in a personal injury claim, your compensation may be reduced based on your percentage of fault for the accident or your injuries. If you were not wearing a seatbelt during a crash, the defendant (the at-fault party) may argue that your injuries were caused or worsened because you were not properly restrained. This argument is known as the seatbelt defense.

Under Florida Statutes § 316.614(10), a defendant can use your failure to wear a seatbelt as evidence of comparative negligence. If a jury finds that your injuries were partially caused or made worse by your failure to wear a seatbelt, your damages will be reduced in proportion to your level of fault.

How Comparative Negligence Affects Your Claim

Let’s say you were involved in a car accident caused by another driver’s negligence. If the jury finds that you were 20% responsible for your injuries because you weren’t wearing a seatbelt, your total compensation would be reduced by 20%. For example, if you were awarded $100,000 in damages, you would only receive $80,000 after the reduction for your share of the fault.

It’s important to note that even if you weren’t wearing a seatbelt, you can still recover damages as long as you were not entirely at fault for the accident itself. The key factor is how much the lack of a seatbelt contributed to your injuries.

Proving the Other Driver’s Negligence

Despite the potential for reduced compensation due to the seatbelt defense, the central issue in a personal injury claim is the negligence of the other driver. Florida law allows you to recover damages for the injuries and losses caused by another driver’s reckless or negligent behavior, such as speeding, distracted driving, or driving under the influence.

To successfully recover compensation, you will need to prove that the other driver’s negligence caused the accident. This involves gathering evidence, such as:

• Police reports documenting the accident
• Witness statements from those who saw the crash
• Photographs or video footage of the accident scene
• Expert testimony to reconstruct the accident or determine how your injuries occurred

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are experienced in investigating car accidents and building strong cases for our clients. Even if you weren’t wearing a seatbelt, we can help demonstrate the other driver’s fault and fight to recover the compensation you deserve.

Damages You Can Recover in a Personal Injury Claim

Even if your damages are reduced due to comparative negligence, you can still seek compensation for a variety of losses, including:

• Medical expenses: Costs for emergency care, hospital stays, surgeries, medications, rehabilitation, and ongoing treatment.
• Lost wages: If your injuries prevent you from working, you can recover compensation for your lost income and diminished earning capacity.
• Pain and suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life caused by the accident.
• Property damage: Compensation for damage to your vehicle or other personal property.

It’s important to work with an attorney who can assess the full scope of your damages and ensure that your claim reflects the true extent of your losses.

Free Consultation With a Miami Car Accident Attorney

If you were not wearing a seatbelt during a Miami car accident, it’s important to have strong legal representation to protect your rights. The defendant’s insurance company will likely try to reduce or deny your claim by arguing that your injuries were your own fault due to your failure to wear a seatbelt. At Flanagan & Bodenheimer, we are prepared to counter these tactics and ensure that you receive the compensation you are entitled to.

Our legal team has extensive experience handling personal injury claims in Miami, including those involving the seatbelt defense. We will thoroughly investigate your case, gather evidence, and work with medical experts to prove that the other driver’s negligence—not your lack of seatbelt use—was the primary cause of the accident and your injuries.

If you were injured in a Miami car accident and weren’t wearing a seatbelt, contact us at 305-638-4143 today for a free consultation. We are here to help you understand your rights and fight for the compensation you deserve.

About Us

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout all of Florida, including Miami, Brickell, Miami Beach, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.