Should you Accept the Insurance Company's First Offer?

Leesburg Florida Car Accident Lawyer |Jury holds not wearing seatbelt against injured person

Posted by Guy DiMartino | Dec 02, 2013 | 0 Comments

Leesburg, Florida car accident lawyer discusses a recent case where a jury found a passenger injured in a car accident was 90% at fault for her own injuries because she wasn't wearing her seat belt.

Florida is a pure comparative fault jurisdiction.  This means that a jury will determine the fault of all parties involved in a car accident – and will apportion the percentage of fault based on what they did or what they didn't do to cause the accident and/or injuries.

We all know the importance of seat belts and we are familiar with the slogan click-it or ticket.  In car accident cases, Florida law allows a defendant to raise a defense – arguing that the plaintiff (person bringing the claim) is responsible for his/her own injuries because he/she wasn't wearing a seat belt.

In these cases the defendant has the burden to show the following:

  1. the injured person was not wearing his/her seat belt; and
  2. the failure to use the seat belt contributed to his/her injuries.

Most of the time, defendant's will hire one or more experts to support the seat belt defense.

The jury's Verdict

In a recent case tried in West Palm Beach, Florida.  A passenger broke her neck in a car accident when the driver had a seizure and crashed the car.  The insurance company lawyer raised the seat belt defense and took the position that the crash was relatively minor and if the passenger had her seat belt on, she wouldn't have broken her neck.  The jury agreed with the defendant and assigned 90% responsibility to the passenger for not wearing her seat belt.  In the end, the passenger received 10% of the jury verdict because the verdict was reduced by her percentage of fault.

Lessons Learned

I bring up these cases to show how juries do not forgive injured people for their errors.  It is clear that a broken neck is a serious injury; however, the jury determined that the passenger's choice of not putting on her seat belt was worse than driving a car when you know you could have a seizure.

I have a free book available for folks who have been injured in car accidents, which discusses the ins and outs of bringing a car accident claim.  If you would like a free copy of the book, click this link Free Book and I would be more than happy to send you a copy.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What makes me Unique?

What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

We are Partners

If you are my client, we are partners in your road to recovery. You will always have direct access to me to have your questions answered.

Copyright © 2017 Guy S. DiMartino DC, JD, PA

Areas That We Serve: Hammond, IN | Highland , IN | St. John, IN | Schererville, IN | Griffith, IN | Merrillville, IN | Hobart, IN | Portage, IN | Burns Harbor, IN | Ogden Dunes, IN | Gary, IN | South Haven, IN | Valparaiso, IN | Kouts, IN | Knox, IN | Hebron, IN | DeMotte, IN | Cedar Lake, IN | Crown Point, IN | Dyer, IN | Lowell, IN | Michigan City, IN | LaPorte, IN | Wanatah, IN | Westville, IN | Winamac, IN | South Bend, IN | Plymouth, IN | Elkhart, IN | Whiting, IN | Rolling Prairie, IN

Menu