Your seat belt and your Florida Car accident case | attorney advise

What is the seat belt defense and can the defendant raise the plaintiff's failure to wear a seat belt to win at trial?

In a Palm Beach County car crash case, a defendant may raise, as an affirmative defense of comparative negligence, the plaintiff's failure to wear a seat belt. Ridley v. Safety Kleen Corp., 693 So.2d 934 (Fla.1997). However, this DOES NOT mean that you do not have a potential successful claim against the defendant (the person that caused the accident). Also, if the "seat belt defense" is not specifically and timely pled, a defendant cannot introduce evidence of the defense at trial. Protective Casualty Insurance Co. v. Killane, 459 So.2d 1037 (Fla. 1984). To get the seat belt defense to a jury, the defendant must plead and prove that:

The plaintiff did not use an available and operational seat belt;
The plaintiff's failure to use the seat belt was unreasonable (would an average person in a normal situation driving that vehicle wear a seat belt under the circumstances); and
There was a causal (it would have been prevented if the seat belt were worn) relationship between the plaintiff's injuries and the plaintiff's failure to use the seat belt. Insurance Co. of North America v. Pasakarnis, 451 So.2d 447 (Fla. 1984).
The defendant has the burden of proving that the vehicle contained seat belts that could have been used. Bulldog Leasing Co. v. Curtis, 630 So.2d 1060 (Fla. 1994); Smith v. Butterick, 769 So.2d 1056 (Fla. 2d DCA 2000). If the defendant makes this prima facie (fancy legal word meaning "on its first appearance or at first sight") showing, the plaintiff may then present rebuttal evidence (a reason why they could not use the seat belt), including evidence that the seat belts did not work. Id.

HOWEVER, if a defendant can show that the seat belt was available and operational will not end a plaintiff's case automatically. Whether the plaintiff would have sustained the same or similar injuries will be significant and may depend on such considerations:
The angle of the impact (rear end, head-on, side oblique);
The position of the plaintiff in the vehicle
The physical makeup of the plaintiff (short, fat, tall, thin);
The type of seat belt;
o Subject of a defect recall;
o Comfort feature/window shade;
o Lap belt only; and
Whether the plaintiff's injuries would have been significantly different had the plaintiff been wearing the seat belt and, if so, to what extent the recovery should be reduced, if at all
Don't let the insurance company bully you into settling prematurely or not pursuing your injuries by not contacting a West Palm Beach accident attorney. The seat belt defense does not prevent you from recovering for your injuries. However, when evidence of the seat belt defense has been presented at trial, the jury should be instructed to calculate a single total percentage for the plaintiff's comparative negligence based on a consideration of both the seat belt issue and all other issues of comparative negligence in setting damages. Ridley.