I Wasn’t Wearing a Seatbelt – Can I Still File a Personal Injury Suit?

man in a hospital roomCar accidents are highly stressful and hazardous situations that can leave you scarred or injured in a way that hinders your daily life. In moments like these, we seek the help of our insurance companies to help us cover the cost of any medical expenses; but what happens when the seatbelt defense is brought up, and you weren’t wearing a seatbelt at the time of the accident? Consulting an experienced personal injury lawyer, such as those at the Law Office of James R. Jones, Jr., P.A. should be your next move. Choose a car accident lawyer in Hernando County, FL, to help you get the compensation you deserve. Your eligibility for compensation will largely depend on the laws of your state.

Comparative Fault

Comparative Fault is a process where the amount you can recover for your injuries is reduced by a percentage that reflects your degree of fault for failing to wear a seatbelt. There are two types of comparative fault: “pure comparative fault” and “modified comparative fault.” The former means each party pays their percentage of fault, meaning if you’re found 95% at fault for your injuries and the other driver only 5%, you’ll only recover 5% of the damages.


This mitigation makes it much harder to gain compensation, considering the seatbelt defense overlaps with the “mitigation” theory. This means that under the assumption that you wouldn’t have been as severely injured had you worn your seatbelt; you’ll be receiving a reduced amount of compensation to cover your expenses.

Contact the Law Office of James R. Jones, Jr., P.A. to speak with a car accident lawyer about their services.