Florida Safety Belt Laws & Legislation

Although Florida has had laws governing the use of seatbelts since 1986, these laws are about to become much tougher. As a result of new legislation passed during the 2009 legislative session, Florida drivers will soon be truly required to buckle up, because police officers will have more power to enforce the seatbelt laws.

Under the new law, beginning June 30, 2009, Florida drivers can be pulled over for failing to wear a seatbelt and fined $30.00. This is a primary enforcement law, which means the driver need not be doing anything else wrong to warrant a stop.

This new law provides a stark contrast to the prior seatbelt laws for most drivers in Florida. The previous seatbelt law was a secondary enforcement law, which meant that drivers over 18 could only be stopped and ticketed for failure to wear a seatbelt if they were pulled over for some other violation like expired tags or a broken taillight.

Experienced Boca Raton Personal Injury Lawyers hope that this will increase the number of Florida drivers wearing seatbelts. This seems a likely outcome; according to the National Highway Traffic Safety Administration (NHTSA), 87 percent of drivers wear seatbelts in states with a primary seatbelt law, in contrast to 73 percent of drivers in states with secondary seatbelt laws.

Is The New Law Necessary?

Seatbelts make drivers safer. The fact is, people who wear seatbelts are much more likely to walk away from car accidents than those who do not. Seatbelt use by front seat drivers or passengers reduces the risk of fatal injury by 45 percent and reduces the risk of moderate to critical injury by 50 percent.

States that have primary seatbelt laws increase seatbelt use by 9 percent and if the change in law is combined with a high-visibility enforcement campaign they can expect to see usage increase by 20 percent or more. Florida's seatbelt use rate in 2007 was 79 percent.

The NHTSA estimates that Florida can expect to save 124 lives per year with the new law. More than 1,700 people will be spared serious injuries and costs will be reduced more than $408 million. The NHTSA estimates that Florida could save 184 lives, prevent more than 2,500 serious injuries and save an additional $605 million annually if seatbelt use increased to 90 percent. Their figures show that seatbelt use saved 857 lives in Florida in 2007 and $3.8 billion in costs.

Recognizing these benefits, the federal government has provided financial incentives for states to pass primary seatbelt laws as part of the 2005 reauthorization of the Highway Bill known as the Safe, Accountable, Flexible and Efficient Transportation Act. To qualify for the federal money, this primary enforcement seatbelt legislation had to be passed and signed into law by June 30, 2009. By meeting this deadline, Florida will receive $35.5 million from the federal government.

Opposition to The Law

Given these benefits, one might wonder why it took Florida so long to pass a primary seatbelt law. The fact is, though, not everyone is pleased with this legislation. Many people believe that individuals should be allowed to choose whether or not they wear seatbelts. Although most people think seatbelt use is a good idea, some people feel that such decisions should not be dictated by the government.

Other critics were concerned that primary seatbelt laws would provide police another opportunity to pull someone over based on race or racial profiling. One of the reasons the legislation passed this year was that the Florida Legislative Black Caucus dropped their objections to the bill.

Ultimately, the critics lost this time. The primary enforcement laws will soon be effective, and drivers in Florida will have additional incentives to buckle up. The $30.00 fine may not seem to be a huge burden, but as tickets begin to accumulate, reluctant drivers are likely to change their behaviors. Hopefully, in turn, car accidents on Florida roads will result in fewer casualties.

Have a Personal Injury Case? Contact the Personal Injury Attorney Boca Raton Today

The Personal Injury Attorney at the Leifer Law Firm has been helping victims just like you receive compensation for their injuries and losses. Whether you are the victim of a car accident, slip and fall injury or medical malpractice, our team of injury attorneys are here to help.

HIT-AND-RUN VICTIMS ABLE TO PURSUE WRONGFUL DEATH LITIGATION

Floridians in the Boca Raton area have experienced a rash of hit-and-run accidents, prompting a look at what recourse hit-and-run victims may have in the event of such an accident, including wrongful death lawsuits.

Recent Hit-and-Run Accidents Leave Residents Ill-at-Ease

The latest hit-and-run accident in Oakland Park has left residents skeptical about the safety of their neighborhood. In early May, an 18 year-old unlicensed driver hit and killed an elderly pedestrian in broad daylight. The unlicensed driver has been charged with leaving the scene involving a fatality and driving without a valid driver's license resulting in death.

Unfortunately, this tragedy is only the latest in a string of such accidents in the area. Earlier this year, a hit-and-run driver injured a motorcyclist in West Park, and a pedestrian in Lighthouse Park was critically injured by a driver who fled the scene.

Boca Raton has experienced two recent hit-and-run fatalities, including a young girl killed while riding her tricycle and an elderly woman was killed while crossing the street. In the latter accident, the woman was hit twice: The first car stopped, but the second car fled the scene.

Florida Hit-and-Run Accident Laws and Liability

Those who commit hit-and-run accidents causing injury or death are criminally charged in the state of Florida. The charges in hit-and-run cases can vary from third-degree felony charges for serious injury to first-degree felony charges if the victim dies. If the guilty driver was drinking at the time of a fatal accident, he or she automatically serves a mandatory two-year prison sentence.

In addition, those convicted of committing a Florida hit-and-run accident must pay restitution to the injured parties or their families for any loss or damage sustained in the accident.

It is also possible to pursue damages through a experienced Boca Raton car accident lawyer. In a wrongful death lawsuit, plaintiffs must demonstrate that the defendant's negligence or intent to cause harm caused the death of their loved one and that surviving family members are facing monetary injury due to the loss of their family member.

Hit-and-run accidents can be extremely dangerous for victims and frustrating for their families seeking justice and appropriate compensation. If you or a loved one has been injured or killed in a hit-and-run accident, please contact an experienced personal injury attorney.

5 Common Driving Myths That Are Causing Accidents in West Palm Beach

Pop Quiz: If you’re driving behind a school bus and it turns on its red lights, how far behind the bus should you stop? 50 feet? 100 feet? If you’re on the other side of the road, do you have to stop at all?

If you’re unsure of the answer, you’re not alone. Many Florida drivers forget the answers to these questions the minute they get their licenses, building their driving habits purely from on-the-road experience.

Unfortunately, this leads to a lot of different interpretations of road rules-and these simple mistakes are a common cause of west palm beach car accidents.

So what are the most common misconceptions among Florida drivers?

• Never let someone in! Some drivers think that they can teach late-merging cars a lesson by not letting them into the lane. Unfortunately, many cars will try to push in anyway, turning a simple merge into a game of chicken on the highway.
• If someone’s going too slow, riding their tail will speed them up! Many drivers will tailgate to “send the driver a message.” Disregarding following distances in Florida only results in rear-end collisions that usually result in heavy injuries for the tailgater.
• Cars always go before pedestrians-we’re faster! It is easy for a driver to assume he has the right of way in a car. Yet when that same aggressive driver is the one in the crosswalk, you can be sure he’ll shake his fist at a car threatening to turn in front of him.
• Yellow light? Floor it! If you ask a driver what a yellow light means, the answer is often “speed up.” However, it actually means “proceed with caution,” or more simply: stop if you can. If you absolutely cannot stop safely, continue through the light.
• Turn signals are for suckers! Drivers often assume that if they move quickly enough, they don’t need to signal. What they don’t realize is that turn signals are not for their own benefit, but for those around them who need warning before a car darts in front of them.

As experienced West Palm Beach car accident attorney, we know that even the drivers who obey official road rules are at risk from reckless drivers. That’s why we fight for justice for car accident victims. We hold dangerous drivers accountable for their actions and get our clients the help they need to recover.

Paul K Schrier - An Attorney to Call When you Got a Personal Injury Case

Many times when an accident happens, it throws you off completely. If you are uncertain of how to approach a situation, you can always get in contact with someone that knows more. There are many different forms of communication to find the right person to assist with your accident. Paul Schrier a personal injury lawyer florida, is available to speak with you about any of your questions to see if you have a case. He also can help gather information and organize the information of the case better to assist you. Paul K Schrier is on Facebook for those that are unsure if there is even a case. He is very experienced in delicate and emotional situations such as boating accidents, vehicular accidents, wrongful deaths, and workplace accidents. Let Paul Schrier do his part to help with your case.

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With so many different outdoor activities to do now days, accidents can be unavoidable in some circumstances. Especially in states like Florida, where boating is such a popular past time. It can be such a leisurely and enjoyable experience for anyone that chooses to go out on the water. However, it is still a form of transportation, and there are still many risks associated with it. There are a higher number of accidents in Florida than in most other parts of the country thanks to operators not fully understanding what needs to be done to safely run and operate their vehicles.

Boating accidents can be extremely harmful thanks to all the different factors that come into play. If a victim of an accident is left in the water too long, this can cause more injuries than just the overall accident. Hypothermia, drowning, brain damage from lack of air, and many other things can come into effect from an injury on the water. Injuries like this can have lifetime repercussions on the victim as far as medical bills and lifetime injury. Finding the right lawyer that knows how to approach delicate cases can grant a huge relief to the injured and their families. You had better call Paul Schrier for any type of personal injury case to get the proper approach and care for these scary and emotional situations.