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, you can still seek compensation for your damages arising from the crash. However, whatever settlement you may receive will likely be affected. Here is what you need to know if you find yourself in this situation.
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. Therefore, if you were not wearing one at the time of the accident, you’ll likely be found partially responsible for causing it.
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. If comparative negligence is involved, then it is vital to the outcome of your case to know which rule your state follows.
Comparative Negligence in Car Accidents
Florida 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. You still receive a settlement, but it is reduced according to your percentage of fault.
How to Maximize Your Compensation
Just because a court finds you partly responsible for causing an accident 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.
When to Call a Lawyer
You should always call a lawyer after being injured in a car accident caused by someone else’s wrongdoing. They will 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 work on a contingency fee, so if you 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.
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 were injured in a car accident by someone else and you weren’t wearing a seatbelt, you can still be successful in a personal injury claim. Hancock Injury Attorneys has over 30 years of experience winning settlements for people like yourself. Call our office at 813-915-1110 to set up your free case consultation right away.