Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
If you weren’t wearing a seatbelt at the time of your car accident, you’re likely wondering if you can still make a recovery. The short answer is yes, if you weren't wearing a seatbelt you can still seek compensation for your damages arising from the crash.
However, if you weren't wearing a seatbelt whatever settlement you may receive will likely be affected. This page provides an overview of what you need to know if you find yourself in this situation where you weren’t wearing a seatbelt at the time of your car accident.
When to Call a Lawyer
Regardless of whether you were or weren't wearing a seatbelt during a car accident, you should always call a lawyer after being injured in a car accident caused by someone else’s wrongdoing. A lawyer can help you handle the legal process while you are taking care of recovering.
Even if you weren't wearing a seatbelt during the accident, you may still be entitled to recover compensation and you still have rights.
If you weren't wearing a seatbelt, a lawyer can investigate the facts of what happened and determine whether you should move forward with making a personal injury claim following your initial consultation, all at no cost to you.
Most attorneys, including the attorneys at Hancock Injury Attorneys, work on a contingency fee, so if you weren't wearing a seatbelt and your attorney determine that filing a claim is in your best interest, there are no upfront costs. Your attorney will only be paid if you receive a settlement; they typically receive 33 percent of your settlement amount.
In the video below, a former client shares their experience working with Hancock Injury Attorneys after a car accident. In this testimonial, Kaimonne discusses how the firm helped throughout the recovery process, assisted with medical treatment, and provided compassionate legal representation.
To learn more about why injured accident victims trust Hancock Injury Attorneys to pursue compensation and guide them through personal injury claims in Florida, you can view the video or read the video transcript below.
Video transcript:
My name is Kaimonne D. and I'm a client of Hancock Injury Attorneys Law Firm. Hancock Injury Attorneys Law Firm did a fantastic job from the accident to seeking medical help. They basically made me feel like they care about me more than just the money. If I was y'all I would go with Hancock Injury Law Firm. I highly recommend it if you're involved in an accident, a car accident or any kind of accident, go with Hancock Injury Law Firm.
Florida’s Seatbelt Laws and How They Impact Claims
The Florida seatbelt law, also known as the “Florida Safety Belt Law,” makes it illegal to drive a car without wearing a seatbelt. If you weren't wearing a seatbelt at the time of the accident, the insurance company or the opposing party may argue that your failure to use a seatbelt contributed to your injuries resulting from the accident.
In a personal injury claim where more than one party is at fault, comparative negligence, also called comparative fault, applies.
Different states practice different comparative negligence rules. Comparative fault would likely be involved if you weren't wearing a seatbelt at the time of the accident, so it is vital to the outcome of your case to know which rule your state follows.
Florida follows a modified comparative negligence system, which can reduce the compensation you receive based on your percentage of fault. If you weren't wearing a seatbelt, the other party may argue that you share responsibility for some of your injuries. If you weren't wearing a seatbelt at the time of the crash, it is important to understand how Florida's seatbelt laws and comparative negligence rules could affect your personal injury claim.
Comparative Negligence in Car Accidents
Florida now follows the modified comparative negligence rule. This means you cannot get compensation for your damages if you are over 50 percent at fault for an accident.
For example, let's say that you’re waiting at a red light when another car rear-ends, injures you, and damages your vehicle. The other driver is clearly in the wrong, so you file a personal injury claim.
But you weren’t wearing a seatbelt at the time of the accident, so the at-fault driver’s insurance company claims you were partially at fault for your injuries. A court determines you are 10 percent responsible for your injuries and damages. Because you weren't wearing a seatbelt, the court may consider your failure to use a seatbelt when determining percentage of fault. If you weren't wearing a seatbelt, you may still receive a settlement, but it may be reduced according to your percentage of fault.
How to Maximize Your Compensation If you weren't wearing a seatbelt
Just because a court finds you partly responsible for causing an accident because you weren't wearing a seatbelt doesn’t necessarily mean you can’t seek a recovery for your injuries and damages. The key to maximizing your compensation in a personal injury claim when comparative negligence is involved is to work with an experienced car accident attorney.
Insurance adjusters, more often than not, seek reasons to offer a lower settlement or deny one altogether. If you talk to the at-fault party’s insurance company alone, you could give them ammunition they can use against you in court without realizing it. An attorney can handle communications with all insurance companies involved, so you can maximize your compensation and avoid saying anything that may cause a court to assign you a greater percentage of fault.
Call Hancock Injury Attorneys Today
Although people should always be wearing a seatbelt while driving for their own safety and to follow the law, people often don’t.
If you weren't wearing a seatbelt and you were injured in a car accident by someone else, you can still be successful in a personal injury claim.
Hancock Injury Attorneys has over 35 years of experience winning settlements for people like yourself who weren't wearing a seatbelt and were injured in a car accident.
Call our office at 813-915-1110 to set up your free case consultation with one of our attorneys right away.