Can I Claim Car Accident Damages if I Didn’t Wear a Seatbelt?

Even if you didn’t wear a seatbelt at the time of the car accident, you could still be eligible to receive compensation for car accident injuries. Fortunately, our car accident lawyers can help you understand your rights so you can hold negligent drivers and insurance companies accountable. Continue reading to learn how you can still file a claim after a car accident, despite not wearing a seatbelt.

If you have any questions after reading this article then please feel free to contact us and we’ll get back to you as soon as possible.

Proving Negligence

You have the right to file a claim for car accident injuries, as long as the other driver was at fault. It is generally accepted that drivers have a duty to operate their vehicles with reasonable care. If breaching this duty harms another person and causes quantifiable damages, the at-fault driver can be held liable for your injuries. Our car accident lawyers can help you prove negligence, even if you didn’t wear a seatbelt at the time of the accident.

READ MORE: How is fault determined for a car accident? >>

Comparative Negligence

Florida is a “Comparative Negligence” state, which means that your compensation will be reduced by the percentage you’re found responsible for your own injuries. The law requires front-seat passengers to always wear their seatbelts. If you’re in violation of this law, the at-fault driver’s insurance company may argue that your injuries wouldn’t have been as severe had you worn your seatbelt.

If your case goes to trial, a jury will determine the extent to which not wearing a seatbelt contributed to your injuries. For example, a jury may find that you’re 20% at fault for your car accident injuries. This means that a claim worth $100,000 may be reduced to $80,000.

Serious Car Accidents

Depending on the type of car accident, wearing your seatbelt may not have affected the outcome. For example, most fatal car accidents are head-on collisions. If the car accident was serious enough, a seatbelt might not have been enough to protect you from being injured. Proving this will require the knowledge and experience of a car accident attorney.

Our car accident lawyers are ready to help you win compensation for medical bills, lost wages, and other damages. We understand that your case may have extenuating circumstances, which is why we look into every detail. Our car accident lawyers have experience with cases involving drunk driving, distracted driving, uninsured drivers, and other factors that could complicate your claim.

Passenger Injuries

If you were a passenger in a car accident, you may be able to file a claim against the driver of your vehicle. Our car accident lawyers can argue that it was your driver’s responsibility to insist you wear your seatbelt. Likewise, Florida law states that children must wear their seatbelts, regardless of whether they sit in the front or back seat.

Clients are sometimes concerned about filing a claim if they were injured in a car accident and the driver was a friend of theirs. However, keep in mind that their insurance will be the ones paying for damages, not your friends themselves. To learn about your passenger rights in a car accident, read our blog post on the topic here.

Want to Learn More?

Our Florida car accident lawyers are proud to serve clients near Cape Coral, Fort Myers, and Naples. Even if you didn’t wear a seatbelt at the time of the accident, you could still be eligible to receive compensation for car accident injuries. To request a consultation with one of our car accident lawyers, call Lusk, Drasites, & Tolisano PA at (800) 283-7442.

This blog post has been updated.

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