What is a “Seat Belt Defense”?
There are legal consequences of not wearing a seat belt that should be taken into consideration in addition to the safety factor. One of them is called the seat belt defense. In Florida, insurance companies can claim a seat belt defense if the injured person was not wearing a seat belt at the time of the accident.
As an example, let’s say you were sitting at a stop light waiting for the light to turn green, not wearing your seat belt, and you were rear-ended with enough impact force that your head went through the windshield, causing severe facial, head and neck injuries. The insurance company of the driver at fault for the accident can argue that your head would not have gone through the windshield if you were wearing your seat belt, and in fact you may not have even been injured at all.
A jury will hear the evidence and the law and determine what percentage of the injuries was caused because you failed to wear your seat belt as required by law in Florida. If the jury finds you to be 60% responsible for your injuries under Comparative Negligence, you would only receive 40% of your just compensation from the at fault driver.
As an experienced accident lawyer, I recommend that you: be safe, protect yourself, obey the law, and buckle up!
Here are some other reasons
We at Meldon Law strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.
We are experienced personal injury attorneys, trial lawyers, negotiators, litigators, paralegals, and staff that have been proudly working to get accident victims the justice they deserve for over 40 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls, medical malpractice, and criminal defense are all included in our practice.
Based on Jeffrey Meldon’s, founder of Meldon Law, over 40 years of helping accident victims get justice and a fair shake from the insurance companies, he has written the consumer guide book, Seven Mistakes That Can Wreck Your Florida Accident Case. You can request your free, no obligation copy right now, or contact our office for your complimentary copy sent to you today.
Contact 800-373-8000 immediately if you have been involved in a serious auto, truck, or motorcycle accident. We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you – we are here to help you.