Seat Belts and Comparative Negligence
Comparative negligence is a legal concept that refers to the amount or percentage of fault that a person shares for their own injuries. In the context of an auto accident, comparative negligence may reduce the recovery of an injured party, even though the accident was someone else’s fault. Under Florida Statute Section 316.614(10) the failure to use seat belts can be considered “comparative negligence.” That is known as “the seatbelt defense.” Since Florida law requires all occupants of a motor vehicle (with only a few limited exceptions) to wear a seatbelt, failure to do so can be used against you if you are injured in a motor vehicle accident, by reducing the compensation to which you would otherwise be entitled. The seat belt defense only requires that the following be proven:
- The victim was not wearing a seatbelt at the time of the accident.
- The victim had a fully functional seatbelt available.
- The victim’s injuries were caused or made worse as a result of failure to wear a seatbelt.
Injuries caused by failure to wear a seatbelt are often the result of total or partial ejection from the vehicle. That is fairly obvious and easy to prove. However, seatbelt violation injuries can also often result from impact with other passengers in the vehicle, or with the steering wheel, dashboard, windows or other parts of the vehicle. The cause of those injuries is more debatable but still creates an unnecessary problem.
Buckle up, Stay Safe and avoid the “seat belt defense”!
At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.



