Do You Have To Wear A Seatbelt in The Back Seat in Florida?

More than just an argument between young siblings in the backseat of long road trips, and more than just a safety concern (although that is a major factor here), there is a legal issue regarding passengers wearing seatbelts. The question about Florida seat belt law that some are still unclear of is this: do you have to wear a seatbelt in the back seat in Florida?

Do You Have to Wear a Seatbelt in the Back Seat in Florida?

In Florida, seatbelt laws are pretty clear. If you’re driving or sitting in the front seat, you have to wear a seatbelt—no exceptions. If you’re under 18, it doesn’t matter where you sit, you’re legally required to buckle up. But if you’re 18 or older and riding in the back seat, the law doesn’t require you to wear one—though it’s still a smart move for safety.

Overall, wearing a seatbelt is one of the simplest ways to stay safe on the road, and Florida Statutes 316.614 lays out clear rules on who needs to buckle up—and when.

Drivers and front-seat passengers – Must wear seatbelts
Florida law requires anyone in the front seat, including the driver, to wear a seatbelt at all times. This is a primary offense, meaning law enforcement can pull you over if they see you without one.
Passengers under 18 – Must wear seatbelts, no matter where they sit
Whether in the front or back seat, all minors are legally required to buckle up. If they don’t, the driver can be ticketed for non-compliance.
Passengers 18 and older in the back seat – Not legally required, but highly recommended
While adults riding in the back aren’t required to wear a seatbelt, skipping it increases the risk of serious injury in a crash. Studies show unbelted backseat passengers can become dangerous projectiles, harming both themselves and others in a collision.

Even though adults in the back seat won’t get a ticket for not wearing a seatbelt, buckling up is the safest choice. It reduces injuries and can even save lives in the event of an accident.

OK, problem solved right? Well, there are some aspects of this law that make it a little more grey. And it may require a car accident lawyer to unshuffle some of the finer points.

Backseat Passengers Can & Will Get Tickets

Wearing a seatbelt isn’t just about safety—it can also save you from a fine. In Florida, if you’re over 18 and riding in the backseat, you aren’t legally required to wear a seatbelt. But if you’re under 18, you must buckle up—no exceptions.

However, if a minor in the backseat is caught without a seatbelt, the driver can be ticketed. The fine for a seatbelt violation in Florida is $30, but additional court costs and fees can increase the total amount. While a backseat seatbelt violation won’t add points to your driver’s license, failing to wear one can still have consequences beyond the fine.

Primary vs. Secondary Offense: What It Means for You

Failure to wear a seatbelt in the backseat is a secondary offense. A police officer will stop the car only if he or she sees that the driver or a front seat passenger is not wearing a seatbelt, which is a primary offense but cannot pull the vehicle over if they see a backseat passenger is not wearing a seatbelt which is a secondary offense.⁴ However, if the driver or a front-seat passenger is caught without a seatbelt (which is a primary offense), the officer can then issue additional fines for any backseat passengers under 18 who are unbelted.

Seatbelts and Legal Consequences in an Accident

Even though skipping a seatbelt in the backseat might not lead to a hefty fine, it can hurt your chances of recovering full compensation if you’re injured in a crash. Florida follows comparative negligence laws, meaning if you suffer injuries but weren’t wearing a seatbelt, the insurance company or opposing party may argue that you contributed to your injuries. This could reduce the compensation you receive for medical bills, lost wages, and pain and suffering.

Additionally, passengers can sue in car accidents, but if you don’t wear a seatbelt, you could be entitled to less compensation.

Child Restraints and Seat Belt Use In The Backseat in Florida

There are specific seat belt laws that govern the position of minors within a car, according to the Florida Statute.

§316.614(5): “It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle or an autocycle unless such person is restrained by a safety belt when the vehicle or autocycle is in motion.” Therefore, all passengers in the car under the age of 18 years old are legally required to occupy the backseat of the car in Florida.
Florida seat belt law requires children aged 5 and under to be secured properly in a crash-tested, federally approved child restraint device.⁵
Children aged 0 to 3 must be in child restraint devices of a separate carrier or a vehicle manufacturer’s integrated child seat.
Children, ages 4 and 5 must be in a separate carrier, integrated child seat, or booster seat.

Exceptions to the Rule

While Florida law generally requires minors to wear seatbelts in any seat, there are a few exceptions. Seatbelt laws don’t apply to certain vehicles, including buses, farm tractors, and trucks over 26,000 pounds. Additionally, individuals with a medical exemption—verified by a doctor—are not required to wear a seatbelt. Ride-sharing and taxi passengers are also not legally required to buckle up in the back seat, though it’s still highly recommended for safety.

Are Backseat Seatbelts Safe?

First, we want to reiterate how important seatbelt use is in general. In many, if not all car accidents, lives are saved because of seat belts. Especially in cases of serious car accidents. Legally, passengers have to wear seat belts in Florida, that much is certain. But how safe are they?

The use of lap and shoulder belts will prevent ejection from the car during a crash. It can also prevent the passengers from colliding with the interior of the vehicle or worse, being ejected from the vehicle.

Note that even if the vehicle has already stopped or slowed down after a collision, the passengers who didn’t manage to use seatbelts are still moving at the same travel speed. Thus, they end up crashing into the front seat a few milliseconds later.

Seat belts can help in the prevention or reduction of injuries from the second collision. That is because it can secure people to their seats, slowing down with the vehicle. So, they can ride down a crash, which makes them less likely to get injured.

**New Evidence Says Backseat Seatbelts May Be Unsafe**

According to one study by the Insurance Institute for Highway Safety and Children’s Hospital of Philadelphia, seatbelts in the back usually do not have road limiters which means they cannot loosen up. So in a frontal crash, they can cause chest, abdominal, or spinal injuries.^1,2,3

Now researchers are talking about changing the way backseat seatbelts are designed to be safer for the wearers. But in the meantime, the seat belt law in Florida remains the same, and backseat passengers have to wear a seatbelt for the time being.

Wearing a Seatbelt Can Impact Your Compensation in a Florida Car Accident Claim

In Florida, not wearing a seatbelt can significantly impact your ability to recover full compensation after a car accident. Under the state’s comparative negligence rule, if you’re injured in a crash but weren’t wearing a seatbelt, the at-fault party can argue that your injuries were worsened due to your failure to buckle up. This can reduce your compensation proportionally to the degree you’re found responsible for your own injuries.

For example, imagine you’re a backseat passenger in a car that gets rear-ended at high speed. You suffer severe head and chest injuries after being thrown forward into the front seat. If you weren’t wearing a seatbelt, the defense might argue that your injuries would have been far less severe if you had been properly restrained. If the court determines that your failure to wear a seatbelt contributed 30% to your injuries, your final compensation would be reduced by 30%.

While Florida law doesn’t mandate seatbelt use for adults in the backseat, skipping it not only increases injury risks but also puts your financial recovery at stake in a personal injury claim. If you’ve been injured in a car accident, our experienced Florida car accident lawyers can handle your case, fight for your rights, and help you seek the maximum compensation you deserve. Contact us today to discuss your legal options.

Final Thoughts

Wear your seatbelt and practice safe driving habits. For many people, a car accident is a sudden and life-changing event. For many drivers, there is no way to prepare for a car accident. Accidents are called accidents for a reason, aren’t they?

Well for personal injury attorneys, this is a way of life. You can ask any one of our attorneys, our paralegals, or our team members, how seriously we take driving safety. And that’s because this is a part of our daily lives. We have seen how much a car accident can impact someone’s life.

Yes, backseat passengers have to wear a seatbelt in Florida, but we believe many should observe safe habits regardless if required by law. We would see fewer injuries and fewer deaths as a result.

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