How Bare Feet and Flip-Flops Can Cause Your Fort Myers Car Accident Claim to Flop

Flip-flops and bare feet are quite common footwear given the warm and sunny weather of South Florida. But just because it’s common doesn’t mean it’s without consequence. If you’re in a Fort Myers car accident while wearing loose shoes (like flip-flops) or none at all, that could be a real issue as discussed below.

Is It Legal in Florida to Drive in Flip-Flops or Barefoot?

As Fort Myers car accident lawyers can explain, there’s nothing in Florida statute that expressly prohibits drivers from donning floppy footwear – or foregoing it altogether.

That doesn’t mean you’ll get off scot-free if law enforcement finds failure to wear proper shoes was a factor in the crash. In fact, it could result in a ticket for reckless driving or distracted driving.

For Florida injury attorneys, flimsy footwear can factor two-fold in crash cases:

• It could be part of what caused the accident.
• It could be cited in comparative fault claims for having made the plaintiff’s injuries worse than they would have been otherwise.

Risks of Flimsy Footwear in Fort Myers Car Accident

It’s not that sandals or other loose shoes are inherently dangerous for vehicle occupants, but they aren’t exactly safe either – especially for drivers.

One study found that flip-flops are more dangerous to drive in than heels, often making it difficult to brake safely. Flip-flops reportedly double the amount of time it can take for a foot to move from the break to the accelerator. Among flip-flop-wearing drivers surveyed, 27% said it caused some kind of problem while driving and 1 in 10 said their shoe got caught underneath the pedal while driving.

Shoes that provide support and stability are essential for safe driving. Open-heeled shoes like flip-flops have a tendency to slide over the pedal (especially if they’re wet). This could cause a risky delay in acceleration or braking if the shoe gets even momentarily stuck under the pedal. Also, if you take your shoes off while driving and keep them near the pedals, they easily get stuck underneath that way as well.

As for driving barefoot, you might be at slightly less risk of your foot slipping than if you’re wearing flip-flops or wedges. The human foot has a surprisingly natural grip – except when it’s wet.  Also, barefoot drivers have to apply a greater amount of pressure to brake and accelerate.

Without shoes, you may also be more vulnerable to serious leg and foot injuries in a Fort Myers car accident.

Even if lack of footwear didn’t cause the crash, it could still be used by the defense as evidence that you’re comparatively negligent per F.S. 768.81. This means you’re partly responsible for your own injuries because they were made much worse by your own actions or decisions – in this case, choosing to forego footwear. Any finding of comparative fault in Florida personal injury cases will reduce your final payout.

In general, drivers should wear closed shoes with a minimal heel and decent grip. Resist the temptation to drive or even ride in a car while barefoot. Not only do you risk more serious injuries, but also the possibility of reducing the amount of compensation you’re entitled to collect if you’re hurt.

If you have been injured in Fort Myers, Port Charlotte, Sarasota, Cape Coral, Naples, or Key West, contact Garvin Injury Law at 800.977.7017 for a free consultation. 

Additional Resources:

Is driving barefoot illegal in your state?, Sept. 1, 2023, By Susan Meyer, The Zebra

More Blog Entries:

What Factors Can Affect Damages in Fort Myers Personal Injury Cases? March 13, 2024, Fort Myers Car Accident Lawyer Blog