DOES FAILURE TO WEAR A SEATBELT TANK MY PERSONAL INJURY CASE?

To prevail on the seatbelt defense in Florida, a defendant must prove three elements.

First, that the plaintiff failed to use an available and operational seatbelt.

Second, that the plaintiff’s failure to use the seatbelt was unreasonable under the circumstances.

Third, that the plaintiff’s failure to use the seatbelt caused or contributed substantially to the plaintiff’s damages. Smith v. Butterick, 769 So. 2d 1056, 1058-59 (Fla. 2d DCA 2000).

Element No. 1: That the plaintiff failed to use an available and operational seatbelt.
A plaintiff’s failure to wear a seatbelt can be proven by non-expert testimony. For example, if the plaintiff told someone at the accident scene that he or she was not belted, this admission can be used at trial. In the alternative, lack of use can be proven by an engineer who examined the belt system, or at least photographs of the system, for indicators of seatbelt use.

Element No. 2: That the plaintiff’s failure to use the seatbelt was unreasonable under the circumstances.
Florida Statutes Section 316.614(4)(b) states that “It is unlawful for any person . . . to operate a motor vehicle in this state unless the person is restrained by a safety belt.” In addition, Florida Statutes Section 316.614(10) provides that failure to where a seatbelt “may be considered as evidence of comparative negligence, in any civil action.”). Unless the plaintiff has an extremely good reason for not being belted, this element would be easily met.

Element No. 3: That the plaintiff’s failure to use the seatbelt caused or contributed substantially to the plaintiff’s damages.
In many cases, expert testimony from medical or biomechanical experts will be needed to establish this element. However, causation can be found in occupant ejection cases without the assistance of experts. In Burns v. Smith, 476 So. 2d 278 (Fla. 2d DCA 1985), a plaintiff was ejected during a motor vehicle accident, and the appellate Court found that it was not beyond the province of the jury from its common knowledge to conclude that “the failure to use an available and operational seatbelt produced contributed substantially to producing at least portion of Plaintiff’s damages.

Conclusion
Florida’s seatbelt defense is a tool commonly utilized by insurance companies in defending car accident cases. However, a biomechanic expert can compare the plaintiff’s injuries with the injuries expected of a belted person in the same type of accident, demonstrating that the failure to wear a seatbelt did not cause or contribute substantially to causing injury. If you were injured and have questions about a seatbelt, call Spinner Law Firm – Injury Attorneys.