Not wearing my seat belt when I got into my Palm Beach County car accident? Call 1-877-520-SURE to find out about your rights.

What happens if I was not wearing my seat belt when I got into my car Palm Beach County car accident?

You should always be wearing your seat belt when you drive because it is the law. Also, under Florida law, all front seat passengers must wear seat belts and all minor children between the ages of 6-17. Certain restraints must be provided for children 5 years and younger, and children under 3 the restraint must be a separate carrier or a vehicle manufacturer’s integrated child seat. After you have been injured in a car accident, you should have your Palm Beach County accident attorney determine whether your seat belt was fully operational because that may become an issue later in the case. Currently, under Florida law, the defendant has the obligation to raise the failure to wear a seat belt as an affirmative defense under comparative negligence. At trial, the court will then instruct the jury that a violation of the traffic rules which requires use of seat belts constitutes evidence of negligence. Ridley v. Safety Kleen Corp., 693 So.2d 934 (Fla. 1997). Moreover, the defendant must just prove that a seat belt was available in the car. If the defendant proves this, then the burden shifts to the plaintiff to prove that the seat belt was not operational. Florida courts have used this to calculate damages using a two step process for reducing a plaintiff’s damages. First, the damages are reduced by the percentage of fault attributable to the plaintiff for causing the accident. Second, the damage award is reduced by the percentage of the plaintiff’s damages caused by the plaintiff’s failure to wear a seat belt. Insurance Co. of North America v. Pasakarnis, 451 So.2d 447 (Fla.1984). However, in the Ridley case, the court instructed the jury to calculate a single percentage for comparative negligence (regardless if it’s seat belt or something else) in determining the plaintiff’s percentage of fault in the accident. Your failure to not wear a seat belt when you are involved in a Palm Beach County car accident can cost you severely; either the loss of your life and/or significant injury or the reduction of your damages award resulting from the accident. Even in a wrongful death action the seat belt defense is available. In a leading case in Florida on wrongful death, the defendant provided expert testimony that the plaintiff would have survived if he had been wearing his seat belt.