Can You File a Personal Injury Claim If You Weren’t Wearing a Seatbelt?

Getting into a car accident can be life-changing, and one question many people have afterward is whether they can still file a personal injury claim if they weren’t wearing a seatbelt. In Florida, where personal injury law is governed by comparative negligence, the short answer is yes—but it may affect the amount of compensation you receive.

In Fort Lauderdale and throughout Florida, drivers and passengers are required by law to wear seatbelts. However, not wearing one doesn’t automatically disqualify you from seeking damages after an accident. Under Florida’s comparative fault law, the court will look at how much each party contributed to the injury. If the other driver was primarily at fault—say, for speeding or running a red light—you can still pursue a personal injury claim. Your compensation might simply be reduced to reflect your share of responsibility for your injuries.

That’s where having an experienced attorney makes a difference. Marissa Stockwell and her legal team understand how to navigate these complex cases, protecting your rights and building a strong argument that focuses on the other driver’s negligence—not just the fact that a seatbelt wasn’t worn. With careful documentation, medical evidence, and expert testimony, a skilled personal injury lawyer can help you recover compensation for medical bills, lost wages, and pain and suffering.

If you’ve been injured in a car accident in Fort Lauderdale—seatbelt or not—don’t assume you have no options. A knowledgeable attorney can help you understand your rights and guide you toward the compensation you deserve.

Call Stockwell Law today for a free consultation and get the dedicated representation you need to move forward.