What’s the “Seat Belt Defense” in a Tampa Car Accident Lawsuit?

The seat belt defense is an issue you might face when pursuing a car accident lawsuit in Tampa. Although this problem might seem difficult to overcome, you shouldn’t give up hope just because you failed to wear your seat belt before a crash. Compensation and justice might still be possible, and you should discuss your unique situation with a car accident lawyer before dismissing your chances altogether.

 Mother and Children Ejected From Vehicle After I-75 Crash in Tampa 

In late May of 2025, a severe crash injured a mother, her son, and her nephew. The trio was heading down an I-75 entrance ramp when the mother reportedly “failed to navigate” the turn. This caused her sedan to veer off the road before flipping multiple times.

As the vehicle toppled over, all three occupants were ejected. They all suffered severe injuries and were hospitalized by first responders. The exact nature of the crash is still unclear, and there was no mention of whether any of the occupants were wearing seat belts.

In a situation like this, it’s easy to assume that none of the injured victims were wearing their seat belts. However, one should not jump to conclusions. In past accidents, seat belts have snapped – rendering them useless. This leads to victims being ejected from their vehicles – even after they “buckled up.”

The Seat Belt Defense Could Reduce Your Compensation 

The seat belt defense is a legitimate strategy for defendants and insurers facing car accident lawsuits in Florida. In other words, this is a strategy the other side may attempt to use against you. If this defense is successful, you could receive less compensation. Theoretically, a successful defense of this nature could even cause you to receive no compensation whatsoever.

The seat belt defense hinges on Florida’s “modified comparative negligence” system. Under this system, a plaintiff may only proceed with a personal injury claim if they were 50% responsible (or less) for their own injuries. Those who are 51% responsible for their own injuries may not sue.

Under this system, a defendant might try to argue that the failure to wear a seat belt constitutes a “fault level” of more than 50%. If this is unsuccessful, then they will still attempt to establish a high fault level. The higher your level of fault, the less compensation you’ll receive.

Of course, this does not apply to no-fault claims in Florida. If you have suffered a minor or moderate injury, you can proceed with a claim without worrying about your own level of fault.

 Can a Tampa Accident Lawyer Help Me Get Compensation? 

A Tampa car accident lawyer may be able to help you pursue compensation, even if you failed to wear your seat belt before a crash. The seat belt defense may be powerful in some situations, but Florida’s comparative negligence system allows you to file a claim even if you’re partially responsible for your own injuries. Contact Anderson & Anderson today to learn more about your next steps.

 Sources: 

fox13news.com/news/tampa-mother-son-nephew-thrown-from-car-during-crash-i-75-ramp-temple-terrace

abcactionnews.com/news/region-hillsborough/3-injured-in-car-crash-on-i-75-at-fowler-avenue