Can I Sue If I Wasn’t Wearing a Seatbelt During My Florida Car Accident?
In the moments after a car accident, it’s natural to second-guess everything. One of the most common worries we hear from clients is this:
“I wasn’t wearing a seatbelt. Does that mean I can’t sue?”
At Pezon Law, we understand that real life isn’t perfect—and not every detail will be. But that doesn’t mean you’ve lost your rights. Our job isn’t to judge—it’s to advise. We’re here to give you clear, honest guidance so you can make informed decisions about your case, no matter the circumstances.
Let’s break down how Florida law handles these situations—and what it means for you.
Florida Law Requires Seatbelt Use—But It Doesn’t End Your Case
Yes, Florida law requires drivers and front-seat passengers to wear seatbelts. But the law also recognizes that accidents—and injuries—are rarely black and white.
The key legal principle is comparative negligence. That means:
You can still file a lawsuit even if you were not wearing a seatbelt
Your compensation may be reduced if your injuries were made worse by not wearing one
A jury will evaluate how much your actions contributed to your injuries, not to the crash itself
In short, not wearing a seatbelt does not bar you from suing—but it may affect how much you can recover.
How Comparative Negligence Works in Seatbelt Cases Let’s say you were injured in a crash caused by a speeding driver, but you weren’t wearing a seatbelt. Your case goes to trial, and the jury decides:
• The other driver was 80% at fault for causing the crash
• You were 20% at fault for not wearing a seatbelt, which worsened your injuries
• Your total damages are $100,000
In this case, you could still recover $80,000 (after a 20% reduction).
At Pezon Law, our role is to help you evaluate what’s fair, what’s possible, and what path is worth pursuing—based on the facts and the law.
What Matters Most: Documentation, Timing, and Guidance
If you were involved in a car accident and weren’t wearing a seatbelt:
• Don’t assume you don’t have a case—talk to a lawyer first
• Seek medical attention right away—your records will matter
• Document everything—photos, injuries, the police report
• Avoid recorded statements until you’ve spoken with counsel
Our team at Pezon Law will review your situation, help determine how much of your injury is related to the seatbelt issue, and walk you through your legal options—without pressure and without judgment.
We’re Not Here to Lecture—We’re Here to Help
You’re already dealing with pain, uncertainty, and possibly guilt. Our goal isn’t to make you feel worse—it’s to make you feel supported. At Pezon Law, we serve as counselors first, attorneys second.
We’ll give you the facts, help you understand the legal risks and strengths, and walk beside you as you choose the direction that’s right for your life and your recovery.
You Still Have a Voice—And a Right to Be Heard
One mistake—like not buckling up—doesn’t erase the harm done to you by someone else’s negligence. At Pezon Law, we believe every injured person deserves a chance to tell their story, understand their rights, and seek the recovery they need to move forward.
📞 Contact us today for a free consultation. Let’s talk about your case, your options, and your next step.
