Can I Still Recover Damages if I Wasn’t Wearing a Seat Belt?

Seat belts save lives or at least minimize injuries in car crashes. However, there are situations where you might not be wearing a seat belt when a collision happens. In this case, can you still recover damages if you weren’t wearing a seat belt?

While not wearing a seat belt might complicate matters, it does not automatically disqualify you from compensation. It does make it even more important that you have an experienced lawyer handling the matter.

Maaz Quraishi is a seasoned West Palm Beach car accident attorney at Right To Justice and is ready to evaluate your case for free. Contact us today.

What is the Seat Belt Defense in Car Accident Cases?

In car accident cases, the seat belt defense is a common strategy used by at-fault drivers to reduce or eliminate their liability for the victim’s injuries. This defense is rooted in state comparative negligence laws, which reduce compensation if the victim partially contributed to the accident in some way.

To reduce liability, the at-fault party must prove that

• You were not wearing a seatbelt when the accident happened
• You had a seatbelt available that was fully functional
• Your injuries occurred or were worsened because you were not wearing a seatbelt

Some states do not allow seat belt defenses, but Florida is not one of these. Under Florida law, if your failure to wear a seatbelt contributed to your injuries, the damages may be reduced based on the percentage of fault assigned to you.

Seat Belts Should Not Affect No-Fault PIP Claims in Florida

In Florida, the Personal Injury Protection (PIP) insurance system allows for limited coverage regardless of who was at fault in the accident. This means that your PIP insurance should cover your medical expenses and lost wages up to the policy limit, regardless of whether you were wearing a seatbelt at the time of the accident.

However, if your West Palm Beach car accident attorney identifies that you are eligible for an at-fault claim due to severe injuries, the seat belt defense might come into play.

Challenging the Seat Belt Defense

Challenging the seat belt defense and other comparative negligence issues in court can be challenging, as it involves a detailed analysis of the circumstances surrounding the accident and your injuries. Often, attorneys use automotive safety or medical experts to analyze just how much worse your injuries were due to a lack of a seat belt.

An experienced car accident attorney can counter the at-fault driver’s claims and demonstrate that other factors contributed to the injuries sustained. We ensure you do not have your compensation reduced more than it should be under the law.

Always Seek Help from West Palm Beach Car Accident Attorneys to Protect Your Compensation

After a car accident, it is common to have many questions, especially when the seat belt defense might be involved. Experienced West Palm Beach car accident lawyer Maaz Quraishi at Right to Justice law firm can maximize your chances of securing the compensation you deserve.

After a car accident in West Palm Beach, don’t hesitate to contact Maaz Quraishi online or by calling 561-242-4800. Reach out to us today for a free personalized consultation and proactive legal representation.