Yes. You recover damages if you were not wearing a seat belt in a car accident in Orlando, FL. However, you may recover less than you had hoped.
Recovering Compensation if You Were Not Wearing a Seat Belt
Florida’s seat belt law states that not wearing a seat belt is not negligence per se; however, it can be used as evidence of comparative negligence.
Comparative Negligence
Florida follows a pure comparative negligence law (FL § 768.81) regarding liability in car accidents. Pure comparative negligence holds that you can recover compensation even if you contribute to the accident. In this particular scenario, if you were not wearing a seat belt, your injuries may be more severe than if you had been wearing your seat belt. Your failure to wear a seat belt may have made your injury worse; therefore, your recovery will be limited to only the amount you were not responsible for your own injuries.
For example, if the insurance company, a lawyer, a judge or jury determine that you were 15% responsible for your own injuries due to your choice not to wear a seat belt, your compensation for your injuries and losses will be reduced by 15%, and you will be able to receive 85% of the recovery amount. Never let comparative negligence laws dissuade you from filing a claim. You still have the right to compensation for your injuries.
For a free legal consultation 800-747-3733
Recoverable Compensation in an Orlando Car Accident
The compensation you recover will depend on the specifics of your accident but may include:
- Medical bills
- Lost wages
- Lost earning capacity
- Miscellaneous expenses
- Pain and suffering
- Mental anguish
If your loved one lost their life in an accident in which they were not wearing a seat belt, we may be able to recover funeral and burial costs and other damages through a wrongful death claim.
Seat Belt Laws in Florida
FL § 316.614 requires that all drivers, all front-seat passengers and all passengers under the age of 18 wear a seat belt in a vehicle. Drivers who are not wearing a seat belt, or any passenger not wearing a seat belt under the age of 18 can be charged. If you were in violation of this law, then the amount you could recover will likely be affected.
Contact a Car Accident Attorney in Orlando, FL
If you believe that they cannot recover damages if you were not wearing a seat belt in a car accident in Orlando, FL, you may be wrong. However, per Florida law, you are allowed to receive compensation for your injuries and losses even if you were not wearing a seat belt—as long as another party caused or contributed to the accident.
Contact the car accident attorneys at the Law Offices of Anidjar & Levine at 1-800-747-3733 to help you understand how you can receive compensation after your car accident.
