Submit a question to our community and get an answer from real people.
Submit

In the state of FL, is the driver responsible for a 32 year old passenger 4 not wearing a seatbelt?

can she sue me?

Report as

People can sue for pretty much any reason these days. If you were driving and got into an accident, which caused the passenger to sustain injuries, then yes they can sue you. If you can prove that she wasn't wearing her seatbelt, it may have some impact on her claim, but that typically doesn't completely absolve whoever was at fault for causing the accident.

Keep in mind though that if she wasn't wearing her seatbelt - your insurance company can legitimately use that as a reason not to pay on a claim. Which if you are still found liable for the suit, you'd still owe the money - so that's something to consider as well, before bringing up the issue as a defense.

It's probably worth noting as well, that the driver is responsible for everyone in their car, while they are driving - even if that person is an adult. If someone won't put their seatbelt on, the driver gets the ticket if they get pulled over.

Helpful (3) Fun (1) Thanks for voting Comments (3)
Report as
But we didn't get into an accident the traffic light turned straight to red. I didn't even screech the tires I just came to a hard stop. Not to mention she was in the back seat.
Report as
What's she trying to sue you for then... whiplash? She could still sue you, but really don't think she wouldn't have much of a case.
Report as
No I guess she bruised her shoulder apparently.
Report as
Add a comment...

The driver is not responsible for a 32 year old passenger who is not wearing a seat belt provided they are there. This means that she cannot sue the driver if he was not recklessly driving or if not under alcohol influence. Read http://www.dmvflorida.org/seat-belt-laws.shtml.

Helpful (3) Fun (1) Thanks for voting Comments (0)
Report as
Add a comment...

Sephria is correct. The driver is responsible for the actions of any passengers in a vehicle.

Helpful (3) Fun (1) Thanks for voting Comments (4)
Report as
But I wasn't even in an accident I just came to a hard stop. ( didn't screech my tires) the traffic light just turned from green to red without even hitting yellow
Report as
I understand that but as the driver you're the one responsible to see the passengers comply with the rules. It's not right the passenger can sue the driver because they didnt follow the rules. That's one thing that needs to be changed.
Report as
Man see the sad thing is she is old enough to be my mom and my girlfriends aunt. Not only that I picked her up from where she was at at midnight because she was stranded
Report as
Oh I know what you're saying. It's not right. There should be a law to protect people like you from stupid people. I'd defiantly find the biggest a hole lawyer and fight her back.
Report as
Add a comment...

I dot know the law situation in FL, but here its like Peter says: the driver is responsible for the safety of the passengers and their compliance to traffic laws. If a passenger refuses to wear the seat belt the driver has to tell the person to leave the car - or not drive.

Helpful (1) Fun (1) Thanks for voting Comments (2)
Report as
But think of it this way the driver only gets a ticket if one of your passengers is a minor. If its adult they get the ticket?
Report as
Yes. As the driver, you are the "captain" - you are in charge and responsible of what's happening on board. Passengers have the right to shut up and do what you tell them. :-)
Report as
Add a comment...

You are responsible for the passengers! This one is quite simple, buckle up or don't get in! Your car, and as the driver it's your call, not their's!!!

Helpful (3) Fun (1) Thanks for voting Comments (0)
Report as
Add a comment...
Do you have an answer?
Answer this question...
Did you mean?
Login or Join the Community to answer
Popular Searches