Is a seatbelt required under Florida law? Florida law requires a driver in front seat and passengers to wear an operational seatbelt that is available for use in a motor vehicle. The failure to wear an operational seat may serve as a defense to a claim for injuries pursued by the accident victim. The operative word is “may” because the fact you a seatbelt was not being worn does not always amount to a valid defense or argument to reduce the damages of an injury victim. In a the seatbelt defense case, the testimony of an expert witness would be required to prove that within a reasonable degree of probability the the failure to use an operational and available seatbelt would have either prevented the injuries claimed or at least reduced the severity injuries caused by the motor vehicle accident. It is the burden upon the defendant to prove that the use of the seatbelt would have made a difference. Often times, the presentation of expert testimony is necessary in order to prove the seatbelt defense.
Florida Seatbelt Law
Due to the complexities of the seat belt defense as well as other issues involved in a Florida Automobile Accident case, the accident victim should contact a Jacksonville Personal Injury Lawyer for advice, consultation, and legal representation. Issues involved in these cases may involve medical bills, selecting a doctor, documentation, insurance, liens, pain and suffering, loss wages, and many other issues.
See Section 317.614, Florida Statutes for additional details and information regarding the Florida Seat Belt Law.
The law firm of Wood, Atter & Wolf, P.A. is based in Jacksonville, Florida and has been representing accident victims in Florida for over 50 years. All initial consultations are free on injury cases. Furthermore, injury cases are accepted on a contingency basis. That means if there is no financial recovery for the client – there will be no attorney fees. Contact Wood, Atter & Wolf, P.A. to discuss your personal injury case.