Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick & LaBovick Law Firm: Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Florida Motorists, mark your calendars, on June 30, 2009, the Dori Slosberg and Katie Marchetti Safety Belt Law will go into effect in the State of Florida.Thanks to the valiant efforts of concerned citizens and organizations such as the Dori Slosberg Foundation and the Katie Marchetti Foundation, this law will finally become a reality. This law is named in memory of two Florida teens that were killed in separate traffic accidents and died as a result of not wearing their seatbelts. This new seatbelt law will have far-reaching implications for those motorists that continue to violate the law by failing to wear their seatbelts either as the driver of or as passengers in a vehicle. While many might argue that every individual should have the right to choose whether or not to buckle up on Florida’s roadways, the state feels that it is in the best interest of public safety to enforce safety rules and regulations regarding seatbelts. Hence, Florida motorists will want to be aware of the new seatbelt law and how it will affect them.

While the percentage of motorists wearing seatbelts has increased over the last several years, Florida’s percentage of those that adhere to seatbelt laws is still below the national average. The National Highway Traffic Safety Administration reports that the national percentage of seatbelt use in 2008 was 83 percent. In Florida, the percentage of seatbelt use in 2008 was just under 82 percent. Even though Florida’s seatbelt use percentage is close to the national average, 1 in 5 drivers still do not wear their seatbelts according to the Florida Department of Transportation (DOT). Furthermore, the Florida DOT states that 3 out of 5 motor vehicle fatalities are the result of a failure to buckle up.

Florida joins 28 other states plus the District of Columbia with the passage of th new primary seatbelt law that will allow Florida law enforcement officers to pull over and ticket motorists for simply not wearing their seatbelts. No other type of violation will be necessary under the new seatbelt law for Florida law enforcement officers to make a traffic stop. When the driver or any passengers in the vehicle are not wearing their seatbelts, a Florida law enforcement officer will have a legal right to pull over the car and ticket those not wearing their seatbelts. The state fine for a seatbelt violation will be $30, and each county may impose additional fines and court fees as well.

According to Florida Governor Charlie Crist, "The most important function of government is to protect." With that said, Governor Crist signed into law the Dori Slosberg and Katie Marchetti Safety Belt Law. The Florida Highway Patrol predicts that at least 124 individuals will be saved each year as a result of the state’s new seatbelt law. It is important for drivers and their passengers to be aware of these changes to the state’s seatbelt laws, and drivers should ensure that they and their passengers are buckled up before hitting the Florida roadways beginning June 30.

Check out  the Governor's Highway Safety Association website to learn more about the various state seatbelt safety laws.
 

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A new report shows that highway deaths in 2008 dropped from previous years. According to the National Highway Traffic Safety Administration, NHTSA, 37,313 people died in motor vehicle traffic crashes last year. This happens to be 9.1 percent fewer deaths than in 2007, which had 41,059 traffic deaths. It is important to note that this is the lowest number of traffic deaths since 1961, when there were 36,285 deaths.

The high gasoline price tag of $4 gallon and fewer miles driven is only one side of the equation. Effective measures like enforcement of drunken driving laws and the work of advocacy groups, such as the Dori Slosberg Foundation, that encourage safer driving habits, also contribute to the decrease of traffic related deaths and awareness of highway safety.

In addition, increased seat-belt use and states promoting seat-belt usage through law enforcement helps promote highway safety. Currently there are  27 states with a primary mandatory seat-belt law. Arkansas is the most recent state to approve legislation of primary enforcement of the safety belt use law. In Florida, there is only a primary seat belt use law for children under 18, effective since 2005.

We encourage all drivers to use caution when driving on the highway.  Always use a seat belt and limit the amount of distractions when behind the wheel, such as texting or talking on the phone while driving.

Leave the need for speed to the actors and Hollywood production crews that create Box office blockbusters,  "Fast and Furious".

Click here to read more from the NHTSA on highway traffic statistics.

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We all know that accidents can happen when a driver is experiencing distractions. It is a no-brainer that texting or talking on a hand held cell phone while driving can be dangerous. In fact, there are a few states have made it illegal to use hand held cell phones while driving, those states include California, Connecticut, New Jersey, New York, Utah, and Washington) and the District of Columbia. According to the Institute for HIghway Safety, there are states that have left it up to local government to ban cell phone use, those states include Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania) specifically.  On the otherhand, there are 8 states prevent localities from  from banning cellphone, our very own State of Florida, is among the group of states, including Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon, and Utah.

We came across some useful studies and statistics that we felt our Injury Law Blog Readers would find useful. We encourage you to share and pass this along.  If we help save the life of one individual, by sharing these statistics, we will be grateful. Our Florida Law Firm partners with the Dori Slosberg Foundation and proudly supports their efforts in promoting driving safety among teens. Managing Partner, Brian LaBovick, joins Frmr. State Representative Irv Slosberg by speaking at High School Assemblies to High School students about  the importance of highway safety for teen drivers.

Important Safety Stats on driving safety and cell phone use:

The Insurance Institute for Highway Safety and the U.S. Department of Transportation's Fatality Analysis Reporting System (FARS) shared that in 2007, teens accounted for 12 percent of motor vehicle crash deaths. (Note: there were 4,956 teen deaths involving motor vehicles).

AAA Foundation for Traffic Safety released a report on Cell Phone driving and research update and provided the following:

• Over half of U.S. drivers report having used a cell phone while driving.
• Onee in seven drivers admits to text messaging while driving.
• Young drivers were overwhelmingly more likely to text message, and somewhat more likely to talk on cell phones while driving than older drivers.
• Higher levels of education were also found to be associated with higher levels of cell phone use and text messaging while driving, especially among males.
• Dialing a hand-held device was associated with nearly triple the odds of being involved in a crash or near-crash, and talking or listening to a hand-held device was associated with about a 30% increase in the odds of being involved in a crash or near-crash.

We encourage you to be safe and to exercise caution while driving and using a cell phone. To read more from the American Automobile Association cell phone driving report click on the following link.

injurylaw.labovick.com/uploads/file/AAA_cell phones_and_driving_report(1).pdf

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