Can I Still Get Compensation If I Didn’t Wear a Seatbelt?

Posted by: Jimmy De La Espriella
Category: Personal Injury Blogs

Wearing a seatbelt should be a regular thing for every driver. 

A seatbelt will help you stay safe in almost any situation. There is nothing wrong with wearing a seatbelt. Although there is mild discomfort at best, the exchange for the small discomfort is big. A seatbelt can reduce the damage done to your body by a SIGNIFICANT amount. For more information on how effective seatbelts ACTUALLY are, here is an article that goes more in depth on how helpful seatbelts are. 

If you or a loved one was a victim of a car accident in Miami and was severely injured as a result of someone else’s negligence, call a personal injury lawyer in Miami. Our team of lawyers works 24/7 to make sure that you are financially compensated for your injuries. 

Seatbelt Laws in Florida

Seatbelt laws in Florida differ from some states in the US. 

States like Arizona consider seatbelt violations as a secondary law enforcement. 

What does this mean? A secondary law enforcement means that your cause of arrest can’t be because of the seatbelt, but the seatbelt can be an additional reason as to why you get ticketed or arrested. 

However, this is not the case in Florida. If an officer is suspicious or has enough reason to see that you may not be wearing a seatbelt and FINDS that you were in fact not wearing a seatbelt, they are allowed to arrest you. 

Obviously for passengers that are under 18, there are different laws. Passengers must ALWAYS be buckled up and strapped. Having your passenger loose and not buckled up can result in severe consequences. Not only can you be considered a negligent driver and possibly sued by your passenger if they get injured, law enforcement can have a field day with you and charge you a ridiculous amount of money.

Comparative Fault in Florida

Unfortunately, in Florida there is no such thing as comparative fault. Up to a certain amount, financial compensation for certain damages is considered no-fault.

What does this mean? 

Well it means that up to a certain financial amount, you go to your insurance for compensation. They will give you the money to fix certain property damage and medical damage you sustained during an accident, but once you exceed a certain limit, you may need to file suit.

This is when you MUST determine fault. There is always someone that is more at fault for an accident. Whether it is 100%, 65%, or even 40%, there is always someone that is more or less at fault in an accident. Heck, there could even be 50% fault. But fault must always be determined. 

But what if you’re having a hard time determining fault? The other party is being extremely difficult. They could have a lawyer guiding them and strategically asking questions or doing things to make it seem like you are more at fault. Sometimes, insurance companies have adjusters ask the insured certain question to make it seem like they are more at fault than they should so that they don’t have to pay out the financial compensation.

Remember, insurance companies are supposed to look out for YOU first out of good faith (since you pay them a monthly premium and all), but lots of insurance companies do not have you in mind. 

So what should you do at this point?

Contacting a Personal Injury Lawyer in Miami For Negligence

Do you think it would be worth your time and stress and effort to pursue a lawsuit for a small cut or bruise? That is all up to you. 

Dealing with car insurance agents, lawyers, and adjusters are no joke. I can tell you as a personal injury lawyer, that the process can get tedious stressful if you are the one pursuing the lawsuit. You will have to prove your injuries, deal with so many agents, spend hours on the phone, and that’s only the tip of the iceberg.

If you are only dealing with minor injuries that can be solved with some rest and a week or two off from work, would it be worth it to deal with all these agents? 

Only if you are dealing with major pain and suffering, would it be worth it. Medical bills and expenses can get expensive very quickly. That isn’t even considering the property damage from the accident if the accident was really that horrible. In addition, if the accident was that severe, then it is possible to have to deal with lost wages and also future lost income from having to stay off work. You might even possibly lose your job because of the time you must stay away from work. 

Consult a personal injury lawyer from Accident Lawyers MIA if you’re confused and have no idea how you are going to deal with the bombardment from the lawyers and insurance company. Our team is well qualified with decades of experience and hundreds of cases won over the years. Not only is our track record amazing, our focus is you. We want to make sure that YOU are satisfied. We are not in it to just collect a small fee and bounce from the case. We want to make sure that your injuries are healed and that you get the proper financial compensation. We start with a FREE consultation to gather proper evidence and data about your accident and then from there we will guide you so that you can get healed and compensated. 

Author: Jimmy De La Espriella