Even if all road and driving safety protocols are followed, car accidents still happen and injuries still result from them. That being said, following such practices greatly reduces the risk and can prevent accidents and injuries in many situations. This should come as a surprise to no one, but what many people don’t know is that ignoring safety protocols can negatively affect a personal injury claim after an accident.
In particular, not wearing a seatbelt is something that can affect a personal injury claim if it can be proven that the injured individual was indeed not wearing a seatbelt in the accident that caused the injury. The reasoning behind this is that there was minor negligence on the part of the person not wearing the seat belt because if he or she had been wearing it, the injury would not have occurred or would not have been as severe. This defense obviously wouldn’t work for every kind of injury, but it could for some of the most common ones, such as whiplash.
Additionally, in the state of Florida, it is illegal to drive without wearing a seatbelt. This adversely affects a personal injury claim as well, as the act of not wearing a seatbelt is not only negligent but is also against the law. The caveat in any case, of course, lies in the ability to prove that someone was or wasn’t wearing a seatbelt, which is often impossible unless the accident happened near a traffic camera or enough eyewitnesses can confirm.
While the impact of not wearing a seatbelt might not seem major, every factor matters when you are pursuing a personal injury claim. As such, it is always advisable to work with an attorney when going through one, as they will be able to increase your chances of winning dramatically. To learn about how we at the Franco Law Firm can serve you in this role, and to schedule a free consultation with us today, please call (813) 872-0929.