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Wearing Your Seatbelt is More Important Than You Think!

Author: Webmaster / August 8, 2016 / Categories:

According to Florida Statute Section 316.614 (4) , it is unlawful for any person:(a) To operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable; (b) To operate a motor vehicle in this state unless the person is restrained by a safety belt; and (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 unless such person is restrained by a safety belt when the vehicle is in motion.

This means that, for the most part, wearing your seatbelt while operating or riding in a motor vehicle is not an option. We all know that the practical reason for obeying this law is because wearing a seatbelt can help prevent a person from sustaining life-threatening injuries in a crash.

But there is also another line found within the Florida Safety Belt Law that may help solidify your reasoning for buckling up. Line 10 of Florida Statute Section 3116.614 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. Based on this part of the statute, if you are involved in a motor vehicle crash and are trying to receive benefits based on the other driver’s negligence, you may be considered partly negligent for your injuries if you fail to comply with this seatbelt law. Although the other driver may be completely at-fault for causing the crash, they can successfully plead that your failure to wear your seatbelt was unreasonable and that it helped cause the injuries you sustained in the accident.

If this is so, you may lose out on receiving the full monetary benefits a judge awards you.

So, do your part for you and your passengers by making sure everyone in the vehicle is wearing their seatbelt. Don’t put your life (and potential benefits!) in jeopardy by failing to buckle up.

The above entry is NOT LEGAL ADVICE and should not be intended or construed as such. It is intended only as general information. No individual reading it should act upon it. Reading this entry does not create any relationship between Rue & Ziffra and individuals reading it. If you have questions or concerns, please seek professional legal counsel.

Wearing Your Seatbelt is More Important Than You Think!
Written By: Luis Gracia, Esq.
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