June 05, 2009
/24-7PressRelease/ -- Florida's New Primary Seat Belt Law
Article provided by Law Offices of J. Scott Nooney & Associates, please visit us at
http://www.scottnooney.com
Florida's new seat belt law will become effective June 30th, 2009. The law is intended to reduce the number of injuries and deaths due to motor vehicle accidents. According to the National Highway Traffic and Safety Administration, over half the people killed in automobile accidents each year failed to wear their seat belts. By providing police officers with the power to pull over drivers who are not wearing seat belts, the law is expected to help decrease this number and encourage safety for drivers and their passengers. Additionally, the new law makes Florida eligible for a government grant of $35.5 million, which was created to encourage states to enact a primary seat belt law and promote safety.
Florida's Safety Belt Law
Florida's current safety belt law (which will be replaced by the new law on June 30th, 2009) has made not wearing a seat belt a nonmoving violation. This type of law is considered a secondary seat belt law because officers may not stop a vehicle solely for a seat belt violation; rather, officers may only ticket those in violation of the law if the motor vehicle was stopped for a moving violation.
This law provides penalties for a violation, including fines. There is a $30 fine for adults in violation of the seat belt law. For a minor (under 18 years of age), that amount doubles to $60 and the violation is issued to the responsible adult in the vehicle. Furthermore, all minors must be wearing seat belts or proper restraint (child safety seat) whether they are in the front or back seat of the vehicle.
Florida's "Primary" Seat Belt Law
This law is also known as the Dori Slosberg and Katie Marchetti Safety Belt Law. This new act makes changes to Florida's safety belt law, including removing the requirement that failure to wear seat belts cannot be the basis for the stop. Florida will no longer have a secondary seat belt law; this means officers may stop motor vehicles for failing to wear a seat belt.
Under the new primary safety belt law, fines for violation will remain the same -- a $30 fine for adults and a $60 fine for children. However, the criminal implications may grow due to the increased power the act gives law enforcement. Under the primary seat belt law, officers may be able to pull people over if they feel that the driver of, or a passenger in, the car is not wearing a seat belt. The basis for a stop may be a suspicion, with no foundation (evidence) that the seat belt is not being used. As a result, it is likely that more people will find themselves pulled over and ticketed for failing to comply with seat belt regulations.
The purpose behind this act is not to ticket as many people not wearing seat belts as possible. The goal is to encourage people to wear seat belts and to save lives. Wearing seat belts will also help prevent injuries associated with motor vehicle accidents on dangerous roadways. The aim is to increase safety on Florida roadways and reduce the number of motor vehicle accident injuries, which are often more serious when the persons involved fail to wear their safety belts.
How will this law affect people?
The primary seat belt law may also affect people who have been injured in an accident who are trying to seek compensation for their injuries. In a personal injury claim, if the victim was not wearing a seat belt at the time of the accident, the defense may argue that the failure to wear the safety belt worsened or created the injuries sustained and should influence the value of the plaintiff's claims accordingly. This is called the seat belt defense; not wearing a seat belt may reduce the value of the claim. With the new law in place, people will be encouraged to wear seat belts more often. This may cut down on the number of serious injuries due to car accidents, but it may also diminish the use of the seat belt defense in many cases.
Consult with a Personal Injury Attorney
If you would like to know more about Florida's new seat belt law and how it may affect you and your legal claim, speak with a lawyer in your area. An attorney will be able to explain the new law, its implications, answer any questions you have and help you determine the best course of action to protect your rights.
Article provided by Law Offices of J. Scott Nooney & Associates, please visit us at
http://www.scottnooney.com---
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