Most drivers know that they need to buckle up to stay safe. Despite this, law enforcement still encounters many drivers who aren’t using their seat belts.
Florida created a campaign known as Click It Or Ticket to help bring awareness to wearing seatbelts and saving lives. If you are a driver in this state, it is imperative that you understand the seat belt laws in FL.
Englander Peebles is a trusted law firm focusing on personal injury cases, including those that may involve Florida seat belt requirements. In this informative blog post, we share a comprehensive guide to Florida seat belt requirements as well as how they could impact your personal injury claim.
The Significance of Seat Belt Laws in FL
Wearing a seat belt is mandated because it can save lives. According to the Florida Department of Transportation (FDOT), 9,466 unbuckled passengers were killed in car accidents across the country in 2019. Most often, it is the backseat passengers who mistakenly believe that they are safe. FDOT’s statistics reveal that 58% of those who were killed in car accidents were not wearing seat belts.
The Centers for Disease Control and Prevention also noted that wearing a seat belt reduces the chances of serious injuries and fatalities by almost half. There are no guarantees in car accidents, but wearing your seatbelt provides added protection. When worn correctly, it can prevent you from being ejected from your car. It also prevents you from being thrown into the steering wheel, dashboard, and other passengers in your vehicle.
Understanding Florida Seat Belt Requirements
Florida seat belt regulations mean that in most situations, you must wear your seat belt. Every driver and front-seat passenger must buckle up. Anyone under the age of 18 must also be properly secured by a safety belt. While the law does not apply to someone over the age of 18 riding in the back seat, the statistics above are a sobering reminder that it’s better to wear a seatbelt than to take a chance with your life.
Seat belt laws in FL require that children and anyone under the age of 18 wear either a seat belt or use an appropriate restraint device. Any child under the age of 12 should continue to sit in the backseat buckled up as they can be in danger in the front seat if the passenger airbag deploys in an accident.
Children 5 and under are required to use a federally approved car seat. Child safety seats must be the right size for your child and your car. They must also be properly secured in your vehicle. Many police departments are happy to help you install your child’s car seat correctly.
Are There Any Exceptions to Seat Belt Laws in FL?
Some exceptions to Florida seat belt regulations may apply to you. For example, you may have a medical condition that can cause your seat belt to be more dangerous in your circumstances. If this is the case, you must have a physician’s note confirming your medical condition.
Passengers on school buses that were new prior to December 31, 2000, do not need to wear a seat belt. Likewise, passengers on city buses do not need to use seatbelts. Newspaper home delivery employees do not need to wear a safety belt while they are delivering papers. Truck drivers operating a vehicle that weighs over 26,000 pounds and farm equipment operators are also exempt. However, even though there are exemptions, if you are in a vehicle that has a seat belt, it is best to err on the side of caution and wear it.
What Could Happen If You’re Not Wearing Your Seatbelt in a Crash and You Have a Personal Injury Claim?
Breaking seat belt laws in FL is a civil infraction, which means you’ll face paying penalties and likely get points on your license.
If you are in an accident and you aren’t wearing your seat belt, you will be more likely to sustain serious injuries. However, if the other driver behaved negligently and caused the crash, and you’ve used your no-fault insurance coverage to its limits, you can seek damages in a lawsuit.
Keep in mind that Florida uses a modified comparative negligence model. Florida was a pure comparative negligence state until 2023 when the laws were changed. Under pure comparative negligence, you could seek compensation from the at-fault driver even if you were 99% at fault. Now, you must be 50% at fault or less for the accident, or you will be legally barred from recovering compensation for your injuries.
Unfortunately, the insurance company may claim that since you didn’t wear your seat belt, you were partially negligent. This may not completely bar you from pursuing compensation for the medical bills and other financial losses caused by the careless driver, though it could reduce your payout significantly.
Why It’s Important to Seek Legal Assistance After an Accident with Violations of FL Seat Belt Regulations
Insurance companies are always looking out for their profits and finding ways to minimize payouts to those who sustain injuries. The police report and your medical records may reveal that you weren’t wearing your seat belt at the time of the accident. In these situations, car accident lawyers are a major asset because they can provide you with sound legal advice about your situation.
While you should always protect yourself by wearing your safety belt, when another driver breaks traffic laws, drives recklessly, drinks and drives, or commits other negligent actions behind the wheel, you should not be stuck with financial losses. You can schedule a free initial consultation with the attorneys at Englander Peebles to discuss your case and the relevance of how Florida seat belt requirements may come into play when seeking compensation.