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Is a seatbelt required under Florida law? The simple answer to this question is “Yes”. The requirement of seat belts is governed by Section 316.614, Florida Statutes. This Florida Statute provides that it is unlawful in the State of Florida to operate a motor vehicle unless each passenger and the operator of the motor vehicle are restrained by a safety belt. The statute further provides that any person 18 years of age or older in the front passenger seat of a motor vehicle must wear a seat belt / safety belt. There are several exceptions or exemptions to the seat belt / safety belt rule which a bus used for transportation of persons for compensation, a farm tractor, a truck having a gross weight rating of more than 26,000 pounds, and a motorcycle / moped / bicycle. See also Florida Automobile Accidents.
Florida law requires that the driver in front seat passengers to wear an operational seatbelt that is available for use in a motor vehicle. The failure to wear a seat belt can lead to the issuance of a citation and a legal defense if a civil case is pursued. The seat belt defense argument is valid only if a seat belt was operational, available for use, and would have likely prevented the personal injuries or, at least, reduced the severity of the personal injuries.
As noted in North America v. Paskarnis, 451 So.2d 447 (Fla. 1984, the Florida Supreme Court ruled that the Defendant in a Florida Automobile Accident case has the burden of proof and pleading that the plaintiff (injury victim) did not use an operational seat belt / safety belt. Furthermore, the Defendant must prove that the failure to use the operational seat belt was unreasonable under the circumstances and that there was a casual relationship between the personal injuries sustained and the victim’s failure to wear a seat belt. If the Defendant fails to meet this burden, the failure to use a seat belt cannot serve as a defense, excuse or mitigation of the personal injuries and damages claimed due to the automobile accident.