You may have incurred a hefty amount of economic and non-economic damages in the aftermath of your car accident. However, you may feel inclined to isolate yourself and suffer alone knowing the fact that you, sadly, failed to wear a seatbelt at the time of the crash. Please understand that there still may be vital legal options at your disposal. With that in mind, please read on to discover how difficult it may be to sue if you weren’t wearing a seatbelt and how a seasoned Tampa car accident lawyer at Merricks Law Group, P.A. can help you with your case.
Why is it difficult to sue if I wasn’t wearing a seatbelt?
It is considered illegal and therefore negligent to drive or ride in a motor vehicle without wearing a well-adjusted and fastened seatbelt. So, the defendant of your personal injury claim may use this circumstance as an argument against you in your proceedings. Specifically, they may make it difficult for you to win your case by arguing the following:
- The defendant may argue that you were driving negligently along with failing to use a seatbelt.
- The defendant may argue that you were doubly negligent by failing to ensure your passengers wore seatbelts.
- The defendant may argue that your injuries would not have been as severe if you had worn a seatbelt at the time.
- The defendant may argue that the damages all involved parties incurred may not have been as catastrophic if you had worn a seatbelt at the time.
How much can I recover in damages if I wasn’t wearing a seatbelt?
While it is difficult to make a case for yourself when you fail to wear a seatbelt, it is not completely impossible. This is because, for personal injury claims like this, Florida observes the modified comparative negligence statute. This statute holds that you may recover damages so long as you were less than 50 percent at fault for your accident event.
So, your goal should be to prove that the defendant’s negligent actions were the majority to blame. However, the more negligence you can assign to them, the better. This is because the amount of damages you recover may be proportional to the amount of blame assigned. Without wearing a seatbelt, you will likely be pinned with at least 10 percent of fault. Therefore, in a best-case scenario, the defendant may be found 90 percent at fault and be ordered to financially compensate you for 90 percent of your claimed damages.
As an injured driver or passenger, regardless of your seatbelt usage, there is no one better you can turn to than a competent Tampa auto accident lawyer from our firm. So please, call us at Merricks Law Group, P.A. as soon as possible.
