The state of Florida requires that everyone riding in a vehicle that is under the age of 18 wear seatbelt along with anyone who is riding in the front seat. This means that it is your duty to have a seat belt on at all times. If you fail to do so, and then are subsequently in a car accident, you could be considered partially to blame for any injuries that you have suffered in that accident. As a personal injury law firm, we take this very seriously because Florida is a comparative negligence state. That means that each party can be found partially liable or to blame for the accident. While this may not seem fair, even if you were driving and T-boned, you could be considered partially to blame. This is particularly true if you were driving without wearing a seatbelt. You could have been obeying every rule of the road except for wearing a seatbelt and still found to be partially negligent. This is why you need an attorney who is experienced with the seat belt defense.
Typically, a Seatbelt Defense Benefits the Defendant
A seat belt defense in Florida can benefit the defendant or the person that is accused of causing the accident. This is because if they can demonstrate that you were not wearing a seatbelt at the time of the accident, they will be able to prove that you broke Florida state laws and that any injuries you suffered were made far worse because of your failure to be properly restrained. In fact, they can even make a case that you would not have been injured if you had been wearing the proper seat belt. If they can successfully prove this, your financial compensation could be reduced.
As a personal injury law firm representing accident victims, we work diligently to ensure that this defense cannot cause our clients to be perceived as guilty or negligent for their own injuries. It is critical to demonstrate the significance or seriousness nature of the accident itself caused your injuries, and not whether or not you were wearing a seatbelt. To do so, we will need to gather evidence including medical records and your doctor’s testimony, along with reviewing the accident report itself.
You Need an Injury Attorney
This is a perfect example of why you need an experienced attorney in your corner. In this case what you don’t know can hurt you. Having an experienced attorney on your side will make it more likely it’ll be resolved in your favor.