Legal Blog

Wearing A Seatbelt Can Avoid The Seatbelt Defense In A Florida Negligence Case

Attorney David I. Fuchs


Attorney David I. Fuchs


Mar. 15, 2012


Car Accident Law

The Orlando Sentinel is reporting that a three-car Florida car accident that resulted in the death of a 3-year-old child, who had probably unbuckled herself from her booster seat prior to the accident, has focused attention again to the need and legal requirement to wear a seat belt.

Her mother had seat-belted her daughter into the child seat and apparently did not know that she had later unbuckled herself. The Florida Highway patrol indicates that she was shocked to later learn from State Troopers that her daughter was in fact unrestrained at the time of the car accident.

The Florida Highway Patrol says that it is quite common for children to later unbuckle themselves and that parents need to be aware of this and to also educate their children as to the need to be seat-belted at all times while a passenger in a car. Parents should keep a watchful eye on their children while in the car to assure that they remain seat-belted.

Florida Statute 316.614 requires that as a prerequisite to operating a car, that all passengers under the age of 18 are wearing a seat belt or are restrained by a child safety device according to section 316.613. While the parents in this matter may be able to bring a wrongful death claim against the driver that caused this accident, the attorneys for that driver will in all likelihood utilize Florida’s seat belt defense as a defense in the case.