RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Seatbelt Use

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Personal Injury

The Automobile Collision Attorneys of the Law Office of Alba & Yochim P.A. represent the victims and family members of those injured or killed as a result of a motor vehicle crash that occurred in Gainesville, Ocala, or a surrounding community. During our decades in practice, we have witnessed, time and time again, the devastation that can occur in accidents involving the lack of seatbelt use. It is a well-known fact that seatbelts save lives, and although their use has increased by more than 20% in the past 15 years, many drivers continue to travel unseat-belted, or allow their passengers to remain unrestrained.

Seatbelt Use is encouraged at all times while operating or traveling aboard a motor vehicle. In support of this contention, we have identified three key reasons why: (1) Traffic Laws; (2) Injury Prevention; and (3) Effect on Comparative Negligence.

Traffic Laws

Part of being a responsible motorists, is adhering to traffic laws in the state in which you are operating a motor vehicle. Contained within Florida’s Uniform Traffic Control Laws, is a section specifically pertaining to the use of seatbelts, referred to as “Florida Safety Belt Law.” Although there are some exceptions and additional components to the law, the rule in general can be summed up, as follows:

(a)    All vehicle occupants under the age of 18, regardless of whether they are located in the front or back seat, must be restrained by a seat belt or child restraint device.

(b)    It is the responsibility of the driver of a motor vehicle to ensure that vehicle occupants are restrained in accordance with (a).

(c)    All front seat vehicle occupants, regardless of age, must be restrained by safety belt.

Injury Prevention

While it is impossible to control the actions of other motorists that share our roadways, both drivers and passengers can improve their own safety by taking measures to reduce the potential for catastrophic injury or fatality in the event of a motor vehicle collision. Wearing a seatbelt is one of the best and most simple ways that vehicle occupants can protect themselves. As reported by the NHTSA, NSC, as well as the CDC, the proper use of a lap/shoulder seatbelt can aide in the reduction of injury following an accident by as much as 50%.

The use of a safety belt is particularly important in auto accidents associated with a high risk of occupant ejection, such as rollovers, head-on collisions, and high-impact rear-end crashes. Studies have shown that when lap/shoulder safety belts are properly functioning and used in an appropriate manner, there is a less than 1% chance of total vehicle ejection. According to the NHTSA, more than 30% of all unrestrained auto accident victims reported being completely ejected. Further, more than three-quarters of the victims that were totally ejected from a vehicle, suffered fatality as a result.

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Effect on Comparative Negligence

It is important to know that when an injury or death occurs in an accident involving a violation of Florida’s Safety Belt Law, a seat-belt law violation shall NOT: (1) bar recovery to civil action; (2) constitute negligence per se; (3) be used as prima facie evidence; or (4) be considered in mitigation of damages. However, such violation may be presented as evidence of comparative negligence, for purposes of assigning fault. Given the correlation between the proportions of fault assigned each party, and the damages awarded, it is important, particularly for unrestrained accident victims, to have an attorney that can maximize recovery through effectively advocating on your behalf.

The Law Office of Alba & Yochim P.A. hopes that you never find yourself in a position of having suffered an injury, or the loss of a loved one, as a result of the negligence of another. However, in the unfortunate event an auto collision does occur, our professional, experienced, and dedicated legal team wants to help you recover the compensation that you and your family deserve.