When a car accident leaves you injured and the seat belt defense comes into play, the fight for fair compensation can become a legal maze. Florida law recognizes “the seat belt defense” in motor vehicle accident cases, meaning your recovery could be reduced if you weren’t buckled up—even if someone else caused the crash.
At the Law Office of Mark Wolin, we bring over 35 years of experience representing accident victims throughout South Florida, including those facing the seat belt defense. Our firm is here to protect your rights, counter this defense, and secure the compensation you deserve despite the complexities.
The seat belt defense is a legal argument used by defendants in Florida motor vehicle accident cases. It states that the defendant will not be liable for injuries resulting from your failure to use an operational seat belt. This shifts the focus to whether your injuries stemmed from the crash itself or your choice not to buckle up, often reducing your recovery if the latter is proven.
Even if you weren’t at fault for the accident, not wearing a seat belt can complicate your claim.
The seat belt defense arises in various accident situations. At the Law Office of Mark Wolin, we’ve seen it applied in cases like:
In these cases, the factual issue becomes whether the injuries resulted from the crash itself or from the injured person’s failure to buckle up. Experts in forensic medicine, accident reconstruction, and biomechanics are frequently called upon to analyze this, battling over the extent to which recovery should be reduced.
Injuries in accidents involving the seat belt defense can vary widely. Symptoms may be immediate or delayed, complicating the legal fight.
The seat belt defense can slash your compensation unless countered effectively. So what if you were injured in a car crash while not wearing your seat belt? You may be tempted to cover it up—either by lying about it or not disclosing it to your attorney. Doing so may set you up for a double penalty: one for not wearing your seat belt, and two, for lying to a jury—a wrong rarely forgiven.
At Mark Wolin’s Law Office, We Will:
Your interests will always be better served by confiding in your attorney. Armed with the truth, we can contain the damage that might otherwise cause a steeper reduction in your potential recovery.
The value of your case hinges on injury severity, fault, and how much the seat belt defense reduces your claim. Defendants aren’t liable for damages tied to your failure to buckle up, but you can still recover for injuries caused by the crash itself.
Mark Wolin has successfully navigated seat belt defense cases in Miami-Dade, Broward, and Monroe Counties, using expertise to limit reductions and maximize recoveries.
In Florida, the statute of limitations for personal injury cases, including those with a seat belt defense, is two years from the date of the accident (per 2023 legal updates). Exceptions may apply if injuries weren’t immediately apparent. Acting quickly helps us build a strong case.
Our approach to seat belt defense claims is strategic, thorough, and client-focused. Every case deserves a tailored plan.
With over 35 years of trial experience and a background in investigative journalism, Mark Wolin brings precision and tenacity to every seat belt defense case. His ability to counter technical defenses with evidence sets us apart.
We treat our clients like family and fight as if our own recovery is on the line—because for accident victims, it often is.
A car accident with the seat belt defense doesn’t have to ruin your shot at justice. With the right legal team, you can overcome this hurdle and recover what you’re owed. Mark Wolin is here to guide you every step of the way.
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How do I know if the seat belt defense applies to me?
If you weren’t wearing a seat belt during a crash, the defendant may use it to reduce liability. A consultation can assess your case.
Can I still recover if I wasn’t buckled up?
Yes, but only for injuries caused by the crash, not your seat belt failure. We’ll fight to prove what’s compensable.
What evidence counters the seat belt defense?
Medical records, crash reports, and expert analysis showing crash fault over seat belt impact.
How long does a seat belt defense case take?
Cases can take months to years, depending on disputes, expert battles, and trial needs.
Will I need to go to court?
Many settle, but we’re ready to litigate if the defense overreaches.
What if I lied about wearing a seat belt?
Honesty with us is best. We can mitigate damage; lying to a jury risks your credibility and case.
How much is my seat belt defense case worth?
Value depends on injuries, fault, and seat belt impact. A review estimates your adjusted recovery.
Our client, a kind and gentle man from Peru, was working the night shift operating a Miami airport shuttle bus when he was hit broadside by a drunk driver blowing a red light at high speed. The impact sent our client through the open driver’s side window onto the pavement 30 feet away. He lost consciousness, and was left with multiple traumatic injuries including orthopedic fractures and a closed head injury with post concussion syndrome.
It was clear that the crash was entirely the other driver’s fault. But was my client wearing his seat belt and shoulder harness at the time? This was a critical issue. Under law, the seat belt defense provides that one’s damages should be reduced to the extent that the injuries resulted from the failure to wear an operative seat belt. In this case, my client could not definitively say whether or not he was belted. There was memory loss from the head trauma. But forensically, if he was belted, he would not and could not have been ejected.
Jury verdicts reducing damage awards because of the seat belt defense swing wildly. Sometimes an injured plaintiff’s recovery can be reduced by as little as 20%, and sometimes as much as 60% or more.
Weighing risk versus reward, my client gratefully accepted a confidential settlement in the mid-six figure range, on of the richest on record for similar cases, and today. I am glad to report, he and his family enjoy a measure of peace to compensate for his unfortunate injuries.
Please buckle up.
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