In the attached video, Brett Steinberg explains whether you can still file a claim if you weren’t wearing a seatbelt during a car accident in Florida. The short answer is yes, but your compensation may be impacted due to Florida’s comparative fault laws.
Florida follows a system of comparative negligence, meaning that if you were not wearing a seatbelt at the time of the accident, your compensation could be reduced based on the percentage of fault assigned to you. For example, if the other driver was found to be 75% at fault for the accident but a jury determines that your injuries were 25% worse due to not wearing a seatbelt, your compensation could be reduced by that 25%.
This is why it is crucial to understand your legal rights even if you weren’t wearing a seatbelt. Insurance companies may try to use this against you to limit their payout. However, you are still entitled to seek damages for medical expenses, lost wages, and pain and suffering if another driver was primarily responsible for the crash.
The best course of action after any car accident is to consult with an experienced personal injury attorney. A legal professional can help gather evidence, negotiate with insurance companies, and ensure that you receive the compensation you deserve.
Always remember that wearing a seatbelt is not just the law—it’s a crucial safety measure that can save your life and protect your rights in the event of an accident.
Contact a Delray Beach Car Accident Lawyer Today
If you have questions about your rights after a car accident, whether or not you were wearing a seatbelt, contact Steinberg Law today at 877-783-4611 or use our online form for a free consultation. Don’t let insurance companies minimize your claim. Get the legal help you need to fight for fair compensation.
