What if I Wasn’t Wearing a Seatbelt During the Accident?

What if I Wasn’t Wearing a Seatbelt During the Accident?

On Behalf of Rosenthal, Levy, Simon & Sosa | April 15, 2025 | Car Accidents

Seatbelts save an average of 15,000 lives each year, making it worth the effort to fasten your seatbelt the next time you plan on going for a drive. Car occupants who are not wearing a seatbelt are more likely to suffer severe injuries requiring hospitalization and permanent disability. If an investigation reveals that you were not wearing a seatbelt, you run the chance of being compensated far less for your claim. 

At Rosenthal, Levy, Simon & Sosa, our legal team, has successfully represented thousands of car accident victims, discovering the full worth of their car accident claims. If you have recently been injured in a collision, our Port St. Lucie car accident lawyers are here to defend your rights. 

Florida Seatbelt Law

Fla. Stat. §316.614 (4)(a), known as the Florida Safety Seat Belt Law, requires that all passengers under the age of 18 wear safety belt restraints. The law mandates that front-seat passengers be restrained, regardless of age. 

Comparative Negligence

Accidents can be complex, with a certain degree of fault being apportioned to a plaintiff and defendant. Your ability to recover compensation will depend on the state in which you live. Florida Tort Reform Act, signed into law on March 24, 2023, and codified as Fla. Stat. §768.81, only allows injured parties to recover if they are found less than fifty percent at fault. This is known as modified comparative negligence, a significant change from the prior law, which permitted plaintiffs to recover damages no matter their percentage of fault.

Reduced Damages

Safety restraints are shown to reduce a person’s risk of severe injury. If you are in a crash and found not using a seatbelt, you will likely not recover the entirety of your accident claim if you are found partially at fault. A claims adjuster has the task of determining to what extent not wearing a seatbelt contributed to your injuries. While the insurance company may attempt to claim that your failure to wear a seatbelt contributed to your injuries and subsequent losses (i.e., medical bills and lost wages), that is only the insurance company’s attempt to avoid paying what they owe you. 

A Port St. Lucie car accident attorney will present evidence demonstrating how your failure to wear a seatbelt is not the primary cause of your injuries. We will also address the other driver’s accountability and how their actions directly caused the crash. Even if you failed to buckle up, that is no reason for the insurance company to refuse to negotiate a fair settlement. If the insurance company repeatedly offers you lowball settlements or denies your claim, our team of experienced attorneys has no qualms about taking your case to court.

Injured? Speak with Our Port St. Lucie Car Accident Lawyers 

Driving is a task that requires you to keep both hands on the wheel and your eyes and focus on the road ahead. Even if you give your full attention to traffic, it is still possible to be involved in a collision. Although wearing a seatbelt greatly decreases a person’s risk of serious injury and death, you may still be entitled to damages even if you fail to buckle up. 

If you recently fell victim to a crash, our Port St. Lucie car accident attorneys are here to help. While it is impossible to go back in time, we pride ourselves on helping individuals acquire the financial resources they need to improve their future. To get started, contact Rosenthal, Levy, Simon & Sosa today to arrange your free case review.