The Florida seat belt and car seat laws require that all passengers wear a seat belt at all times – whether driving through your neighborhood, or driving on the highway. Because we have a primary seat belt law, police officers have the right to pull you over for the sole reason that they notice you are not wearing your seat belt. No other infraction is required. The law also states that all passengers under 18 years old must also be in a seat belt, or be in the appropriate and lawful child safety seat. It is against the law to drive a vehicle in Florida if everyone is not properly restrained.
Many people don’t like wearing a seat belt, but studies prove that motorists wearing a seat restraint are far more likely to survive a catastrophic car crash.
Florida Child Car Seat Laws
According to state law, all children age 3 and younger must be secured in a federally approved child-restraint seat. Children aged 4 through 5 must be secured in either a federally approved child restraint seat, or in a safety belt.
Even if the child is old enough and capable enough of securing themselves in the seat, it is ultimately the responsibility of the driver to make sure their child is properly buckled.
Fines and Penalties for Violations: The cost for a seatbelt violation for those 18 and over is $30; while the penalty for a child that is not properly restrained is twice that fee, at $60.
Why You Should Wear a Seat Belt
Seat belts protect drivers and passengers from being thrown from a vehicle during the course of an accident. Individuals thrown free of the vehicle or through a window are at 5 times the risk of fatality. The seat belt not only keeps you in the vehicle, but it keeps car occupants from being thrown into each other, or tossed about in the interior of the car. It is also important for the driver to stay in their seat, as they may have the opportunity to regain control of the car after initial impact.
From a legal perspective, you may lose compensation and benefits for some injuries following a car accident if it can be proven that you were not wearing your seat belt.
Some people say seat belts are uncomfortable over long drives, but contemporary cars offer adjustable and comfortable seat belts. Child car seat laws have also inspired more comfortable and safer seats for children of all ages and sizes.
Why Some People Don’t Wear Seat Belts
- The most prevalent reason people cite for not wanting to wear a seat belt is the fear of being trapped in their car if there is an accident; however, as stated above, the chances of death are far higher if you are thrown free of the vehicle. If there is a fire or the car is submerged, those wearing seat belts have a much greater chance of being conscious and being able to free themselves and others.
- Those who are good drivers with spotless records often assume that a seat belt is not necessary for them. However, as with many personal injury cases we see, it is the bad driver (or adverse road conditions) which often cause the accident. Even the best drivers sometimes cannot avoid the accident caused by other drivers on the road.
- Often, airbags are cited as a reason that seatbelts are not necessary. However, airbags were designed to supplement the need for seat belt and child car seat laws, not replace them. Airbags have been proven to increase overall seat belt safety by 40%.
The official Florida driver’s manual provides full details and further information, and can be downloaded for free.
If you have been involved in a car accident and need representation, call the Sarasota and Tampa personal injury attorneys at Probinsky & Cole. It is our sincere hope that you stay safe on our roads, but should an accident occur, we are here to help.
