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By: Heath C. Murphy + – Car Accidents Almost everyone wears their seatbelts these days. It has become second nature to almost all drivers. As of today, there are 49 states that have enacted laws requiring motorists to wear seatbelts. New Hampshire is the lone hold out and even it requires drivers and passengers under […]
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By: Heath C. Murphy + – Car Accidents
Almost everyone wears their seatbelts these days. It has become second nature to almost all drivers. As of today, there are 49 states that have enacted laws requiring motorists to wear seatbelts. New Hampshire is the lone hold out and even it requires drivers and passengers under the age of 18 to utilize a seatbelt. Some states, Florida included, do not require adult passengers in the back seat to wear seatbelts, but it is undeniable that most people now strap in automatically whenever they get into a vehicle.
What is the Florida Safety Belt Law?
Florida law requires that all motorists occupying the front seat of any motor vehicle in Florida to utilized seatbelts.[1] The law also states,
A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action.
This means that in the event that an unseatbelted driver is involved in a car accident which is otherwise not the fault of the unseatbelted driver, the at fault driver will raise a defense stating, that the failure to use the seatbelt either were the complete or partial cause of the driver’s injuries.
How Does the Defense of Failure to Wear a Seatbelt Affect My Personal Injury Case
This issue though long ago settled, still comes before Florida Courts in various forms. In Jones v. Alayon, the deceased driver was rear ended by an off duty police officer who fled the scene.[2] The off duty police officer then reported his car stolen. Testimony was heard that the deceased driver always wore his seatbelt, however, during the accident the deceased was ejected from the vehicle during the crash which seemed to indicate that he was not wearing his seatbelt at the time of the accident. Furthermore, the investigating officer stated that the clasp mechanism had coins or another obstruction preventing the deceased from using the seatbelt at the time of the accident.
The jury was never permitted to hear that the driver of the other car was an off duty police officer or that he had fled the scene of the crash. It was deemed to be too prejudicial for the jury to hear. However, the jury did hear that the deceased was not wearing a seatbelt and he likely died when he struck the road or when other cars struck him during his ejection from the vehicle. The jury found that the deceased was 70% at fault for his injuries and the other driver only 30% at fault. The jury returned with a verdict of a little more than $300,000 in damages which due to the apportionment of fault were reduced by 70%. Ultimately, the deceased’s family was awarded a little less than $100,000 in damages relating to the death of their husband/father.
Contact an Experienced St. Petersburg Car Accident Lawyer at Jones Law Group
Have you or a loved one been injured in a car accident? Contact an experienced St. Petersburg car accident attorney at Jones Law Group today. When you contact our office we will immediately set an appointment where you will meet your attorney and be provided with his/her personal contact information. If you do not have transportation or you cannot drive, your attorney will travel to meet you and discuss your case with you.
If you or a loved one has been injured in a car crash caused by the negligence of another, you should immediately call an experienced personal injury attorney in St. Petersburg at Jones Law Group at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your injuries.
Jones Law Group
5622 Central Avenue
St. Pete, FL 33707
References:
[2] http://www.4dca.org/opinions/April%202015/04-08-15/4D12-4546.op.pdf
Truck accidents are some of the most devastating on the road, often resulting in serious injuries and even fatalities. Victims of truck accidents may find themselves in a challenging and overwhelming situation, with mounting medical bills and lost wages. They’re also uncertain about their legal options. If you’ve been involved in a collision with a […]
By: Heath C. Murphy + – Personal Injury Yesterday, I wrote an article about food poisoning. The article took a much more clinical approach than what I originally set out to write. However, it is extremely important to any food poisoning case that the individual pathogen be identified. Today, I will look at a food […]
Any kind of car accident can be catastrophic, of course, but head-on collisions are particularly horrible. While these types of accidents are, thankfully, fairly rare, they tend to either be fatal, or result in injuries that can have lifelong consequences. Safe driving is obviously always a priority, no matter where you live. But in a […]
America is facing a labor shortage unlike at any time in recent memory, and the trucking industry is no exception. There is a major lack of drivers, and that’s putting everyone on the road at an increased risk. Car accidents are bad enough when two or more passengers are involved. When the typical four-wheel vehicle […]
Rear End Collisions – A Common Occurrence According to the National Highway Traffic Safety Administration rear end collisions account for nearly 1/3 of all car accidents.[1] Rear end collisions can be caused by a variety of factors including: 1. Tailgating The Florida law on tailgating simply states that cars should not follow more closely than […]
Each year, thousands of people die in large commercial truck accidents. In 2019, there were 4,119 fatalities as a result of these crashes. 67% of all fatalities were occupants of passenger vehicles, while 16% were truck occupants. The remaining 17% were vulnerable road users, such as pedestrians, bicyclists, and motorcyclists. These accidents can be devastating, […]
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Call our personal injury law office directly at (727) 512-9847
Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.
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