Proper seat belt usage is part of driver safety. In Florida, a mandatory seat belt law requires all automobile occupants to wear approved safety belts for adults or small children. Violating the Florida seat belt law can have major repercussions for accident victims, including injury, assigned fault for the crash, and other legal penalties.
The Florida car accident lawyers at Osborne & Francis are here to provide a comprehensive guide to seat belt laws in Florida. We are dedicated to protecting your health, livelihood, and quality of life with experienced and skilled legal representation. Contact us online or by calling (561) 293-2600.
The Florida Safety Belt Law allows police to issue tickets to both drivers and passengers for improper seat belt use. In many states, not wearing a seat belt is a secondary offense, but Florida considers it a primary offense. This is why an officer may pull you over for seemingly no reason other than because they saw you or your front-seat passenger without a seat belt.
The law requires all drivers and front seat occupants, both adults and children under 18, to wear seat belts when the vehicle is in motion.
Under the law, children under 13 are not specifically restricted from riding in the front seat. Still, many child safety studies recommend that anyone under 12 should ride in the back seat. Younger children should always be in an age-appropriate restraint device.
All drivers and front-seat passengers must wear safety belts or risk getting a citation.
If the front-seat passenger is under 18, responsibility falls on the driver, who will receive the ticket for any occupants not wearing a seat belt.
By law, anyone riding in the back seat under the age of 18 must wear a seat belt. Children five years of age or younger must be in a car seat designed for their age and weight.
Failing to buckle children in or insist older children wear seat belts can result in traffic tickets.
Child seat safety regulations vary from state to state, but the Florida Department of Motor Vehicles (DMV) has three main requirements:
Failing to properly provide, install, and use a child restraint seat can result in heavy fines in Florida. Small children are at high risk of debilitating injuries and death if they are thrown around during an accident.
Although the law doesn’t specifically state that back-seat passengers over 18 must wear seat belts, it’s smart to insist everyone in your car buckles up for safety. Disobeying Florida seat belt laws is illegal and dangerous for anyone in your vehicle.
Certain individuals in Florida are exempted from wearing a seat belt.
If someone has a medical condition that prevents them from using a belt safely, they can travel without being buckled. However, they should always carry documentation from their doctor stating that wearing a seat belt will cause them potential injury.
If an officer stops your vehicle, they may request the document if you want to dispute the ticket. If they issue the ticket, you can take the documentation and any additional materials to court to present to the judge. The issuing physician must be licensed and should be authorized to make recommendations about your medical condition.
Anyone 18 or older who does not wear a seat belt when legally required is fined $30. Drivers are fined $30 for unbuckled passengers ages 6 to 18. The fine is $60 when a child age five or under is unrestrained.
This is just the statewide law and fine. Some localities may issue higher fines. For example, in Palm Beach County, not wearing a seat belt carries a fine of $116, while a child restraint violation results in a $166 fine.
If you have been hurt as a passenger in a car because someone wasn’t wearing their seatbelt, these fines will not help you pay your medical bills. You may need to file a personal injury lawsuit against them, which requires evidence to demonstrate their negligence. A car accident attorney can gather information from traffic cameras and eyewitness statements, which can be vital to your case.
Are you suffering from a recent car accident? It is important to consult with your legal representative before talking to other affected parties—including insurance—because your words may be recorded and used against you. To prevent this from happening, we strongly suggest reaching out to our attorneys at (561) 293-2600 or online via our form.
Most people automatically strap themselves in when they get in a car or truck, yet others still insist they don’t need to wear one.
The truth is that not wearing a seat belt puts you at substantial risk of common car accident injuries or death in the event of a crash. Without a seat belt, every vehicle occupant is taking an unnecessary and illegal risk with their lives.
The National Highway Traffic Safety Administration (NHTSA) reports that almost 92% of people wear seat belts when driving or riding in automobiles.
The usage rate is highest in states where seat belt law violations are primary offenses, such as in Florida. Despite the high usage rate, the Florida Department of Transportation (DOT) reported that one in five traffic deaths in 2023 was because the victim didn’t have their seat belt buckled at the crash.
Some of the most common factors that play a part in Florida car accident statistics include texting while driving, alcohol or substance abuse, and speeding. These can lead to a disastrous wreck, especially for those following the law. Seat belts prevent minor injuries from being much worse.
Breaking the seat belt law is more than just a traffic offense. In the event of an accident, unrestrained individuals are at higher risk of suffering injuries or causing them to other people in the vehicle.
A recent study shows that drivers are at higher risk of death when an unbuckled back seat passenger is thrown forward violently during a crash. In addition, survivors who did not wear a seat belt may face greater scrutiny during insurance claims or personal injury lawsuits.
If you are partly to blame for an accident, the insurance company will investigate every aspect of the situation as they determine whether to pay or deny your claim.
If they show you were not wearing your seat belt, they may push back on covering all your expenses because you were not driving safely. And Florida’s modified comparative negligence statute prevents you from seeking compensation if you are assigned more than 50% of the fault.
In these situations, you need a qualified Florida car accident attorney at your side. An experienced lawyer can help you understand how fault is determined in a car accident case and work to negotiate a fair settlement on your behalf.
At Osborne & Francis, we are focused on providing top-tier legal representation so you can maximize the compensation you receive from those at fault.
Managing the paperwork and contestations associated with the aftermath of a car accident can be overwhelming, especially if you are hurt. Having a trained legal advocate can take much of this burden off your shoulders, allowing you to put your time and energy into healing from your injuries.
At Osborne & Francis, we have secured billions in settlements for our clients, and we put that experience to work for you.
We begin with a free case review and then proceed to gather essential evidence for your car accident case. We work with victims who need help after getting hit by a drunk driver or litigating a case to demonstrate another driver was distracted while driving. Our team of attorneys and support professionals treat your case as if it’s the only one we have.
We also recognize you may worry about paying for superior legal assistance. That’s why we offer contingency plans to ease your fears about what a car accident lawyer costs. We fight fiercely to secure the settlement you need, but if we don't win, you don’t pay. Our attorney’s fees are taken as part of your settlement, which means we work hard to ensure everyone gets paid.
Contact us online or by phone at (561) 293-2600 and schedule a free consultation today.
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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
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Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne & Francis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 621-1385.
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