In Florida, there are comparative fault statutes. This means that a jury can consider the plaintiff’s negligence (the plaintiff is the person who is injured and suing someone else for their injuries) in terms of a percentage which will reduce the amount owing by the person who the jury also finds to be at fault. Further, even though you are not at fault in terms of causing an accident, if you are not wearing a seat belt, a jury may consider your failure to wear a seat belt as comparative evidence of negligence. Thus, if a jury finds that your not wearing a seat belt is partially the cause of your injury, the can apportion some fault to you which will reduce your damages. I copy part of the seat belt law below.
The seat belt statute 316.614 of the Florida Statutes provides, in part:
(4) It is unlawful for any person
(a) To operate a motor vehicle unless each front seat passenger of the vehicle under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable, or
(b)To operate a motion vehicle in this state unless the person is restrained by a safety belt.
(5) It is unlawful for any person 16 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.
Subsection ten (10) of F.S. 316.614 discusses how the seat belt statute should be used in a civil action:
A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action.
Every case is different and unique and should be judged based on its specific facts. The legal discussion in this blog is intended to be general and should not to be construed as specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advise, if I were to take your case. A minor difference in the facts of the case in a fact pattern such as above could completely change the result. Also, this blog is, as the web site suggests, based on the laws of Florida and the laws of any other states or country could vary drastically from Florida.
If you have been injured in an accident and believe another person or company may be at fault, please call Drucker Law Offices at 561-483-9199 or 954-755-2120, 305-981-1561, or 561-967-3840 – Principal office in Boca Raton plus satellite offices in Miami, Coral Springs, Boynton Beach, Lake Worth and West Palm Beach. Drucker Law Offices and Attorney Gary J. Drucker only charges its clients fees and costs if it recovers money for them. Attorney Gary Drucker offers a free consultation in any of the offices referenced above or at your home or in the hospital. Please call the law firm to set an appointment today!
