Seat Belt Laws & Florida Auto Accidents

It is generally common behavior for most people in the U.S. to buckle their seatbelt around them when they get into a car or truck. However, not everyone does this at all times, even though a seatbelt can save a person’s life in the event of a car accident. If you have been involved in an auto accident, you may worry about your chance to recover money damages for the harm you have suffered if your seatbelt was not buckled. The right attorney may be able to assist.

Simple & Clear Rules

Florida’s seatbelt regulations are spelled out fairly clearly in the relevant statute. Essentially, everyone must be buckled in while in a vehicle, with special requirements like car seats for very young minor children. It is also relevant that the driver is legally responsible for ensuring minors are properly secured; if an accident occurs and a minor is injured, the driver of that vehicle can be held financially liable for the injury as well as any other party.

One other thing for a driver to keep in mind is that Florida has what is known as a primary system of enforcement for seat-belt related infractions. This means that a law enforcement officer is permitted to stop someone if their seatbelt is not buckled; they do not require another, ostensibly more ‘serious’ reason to make the traffic stop. The average person may not see a ticket for being unbuckled as a serious matter, but in some cases, even one minor citation like this can raise a person’s auto insurance rates.

After An Accident

Most of the time, being stopped for not wearing your seatbelt will be a minor inconvenience. In the event of a car crash, however, seat belt use can not only save a life, but it may also save your legal case if you decide to seek damages from the person who struck your vehicle. Florida, and most other states, observe a legal doctrine known as comparative fault. This means that if a plaintiff is found to have been partially liable for their own injuries, they may only recover a portion of their expenses after the crash.

In addition to assessing each party’s liability, it is important to keep in mind that breaking a law can lead to a presumption of negligence in a case of this type. For example, driving under the influence of alcohol (DUI) is against the law. If it can be shown during an accident case that the defendant was operating their vehicle while intoxicated, it can establish, as a matter of law, that they were negligent. The same can be done with the question of whether or not an injured driver was wearing a seatbelt – if not, they will likely be found at least partially negligent and responsible for their own injuries.

Contact A Maitland Auto Accident Attorney

If you have been injured in an auto accident and worry about having your seatbelt unbuckled, enlisting an experienced Maitland auto accident attorney from the Hornsby Law Group can help clarify your case and any questions you might have about the process. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.614.html