Car Accident Lawyer
How does Florida’s Seat Belt Law affect my personal injury case?
What to Expect and Why You Don’t Need to Worry When You Are In a Car Accident
Answer:
In Florida, if you are injured in an automobile accident and were not
wearing a seatbelt, the defense could argue that your injuries would
either not have occurred at all or would have been much less severe had
you been wearing a seatbelt. This could dramatically decrease the value
of your claim, especially if you suffered an injury that would not
commonly have occurred had you been wearing a seatbelt. An example of
this would be a forehead injury from hitting the windshield on impact.
Typically, if you are restrained properly by the seatbelt, it is
unlikely for your forehead to reach the windshield. We typically
associate spider cracks in the windshield to unseat belted occupants
who, upon impact, are forced forward into the window.
If the plaintiff claims that there was a defect in the seatbelt that
prevented it from working properly, it is imperative to point that out
to the lawyer so that the lawyer can have an expert examine the
seatbelt. It will be presumed that the seatbelt was working properly
unless the plaintiff presents some evidence that it was not. You must
advise your lawyer immediately if there are any issues regarding the
operability of the seatbelt.
