As a Miami Dade County car crash attorney, I see a lot of people injured from traffic accidents. I am sure that everyone knows that seat belts are designed to save lives. What people are often surprised to learn, is that failure to use an operational seat-belt may end up costing a person the ability to obtain compensation in a car accident.

Florida Statutes §316.614 makes it unlawful to drive in Florida unless each passenger under 18 years old and the driver are restrained by a safety belt or by a child restraint device. This is true of front seat passengers too, regardless of age.

Many people are surprised to learn that if they are in an accident caused by an-other’s carelessness, they may not receive compensation for their injuries if they failed to use a seat-belt. This is commonly referred to as the seat-belt defense. Florida law allows for application of the seat belt defense, which could reduce a plaintiff’s damages a “comparative negligence” or a “failure to mitigate damages” theory.

Our Florida car wreck law-firm advises drivers and passengers to buckle up, not just to save your life, but to save your case if you are injured through no fault of your own.

Call Now Button