Most Florida personal injury lawsuits involve someone suffering an injury through an unexpected accident, with vehicle accidents being the most common. How much the other person is at fault, how much compensation you can receive, how long the process will take – these are all considerations for after an accident. But focus on that word: accident. By definition, an accident is unexpected, and it can be hard to prepare for. Luckily, Florida drivers have a powerful and simple tool to protect them from the worst of car accidents – a seatbelt.
Seatbelt Requirements and Effectiveness
Florida law is very clear when it comes to seatbelts. Wearing a seatbelt is mandatory for drivers, children under the age of 18, and front-seat passengers. Even if you are wearing your seatbelt, other passengers in your vehicle who are not wearing one may give police officers the ability to cite you, the driver. We are sure you have seen or heard “Click it or Ticket” during your time in Florida.
Despite some exceptions, the vast majority of drivers on Florida roads must wear seatbelts. The goal is clear – to make drivers as safe as possible on the road. The National Highway Traffic Safety Administration (NHTSA) has found that seatbelts save around 15,000 lives per year in the United States. Despite a 90% seat belt use rate, 50% of those killed in car accidents were not wearing a seatbelt.
Seatbelts protect you from being violently thrown from the vehicle or tossed around inside. They also keep you firmly in place behind the wheel to continue safely operating your car after a collision. In addition, seatbelts are useful for more than just preventing deaths. They are a vital part of the overall design of vehicles intended to keep you safe and free from injuries.
Airbags deploy with tremendous force to prevent your body from colliding with the hard surface ahead of you, but this force can also dislodge you from your seat if a seatbelt isn’t helping secure you in place. We can continue to provide stats all day, but the moral of the story is this: seatbelts have been proven time and time again to protect people involved in vehicle accidents from death or serious injuries, no matter the circumstance.
Personal Injuries – Were You Wearing Your Seatbelt?
Of course, we want everyone to wear a seatbelt to stay safe on Florida roads, but we also know how a seatbelt can affect your personal injury claim in the future. Not wearing a seatbelt puts you in a bad position for health outcomes after an accident and your ability to secure compensation.
Florida has long used the ‘comparative negligence’ determination in personal injury lawsuits. This means your compensation can be reduced by a percentage based on how much the court determines you are partially at fault.
For example, let’s imagine a clear-cut case of negligence by another party – they are texting, and their car slams into the back of your vehicle while you are waiting at a red light. Even though the actual accident is entirely the fault of the other person, a court still may reduce the compensation you receive if you were not wearing a seatbelt. Because compensation is related to injuries and damages and wearing a seatbelt may have reduced your injuries, it can place some fault at your feet.
Wearing a seatbelt is a fantastic way to protect you and your passengers from injuries and save you from headaches and issues down the line if you pursue a personal jury claim. If you have been involved in a Florida auto accident, call the attorneys at Probinsky & Cole today to get the help you need.
