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

First Quarter 2009 Traffic Fatalities Project Continue Record Trend decrease

While a weak economy, staggering gas prices, and high unemployment rates across the country may seem to have only negative connotations, there may be some positives that arise out of these dire situations. With people choosing “staycations” over vacations, workers choosing to carpool to the office rather than drive solo, and people more frequently utilizing public transportation, Americans may be driving fewer miles than in years past. With the overall number of vehicle miles traveled on the decline, some of the serious problems gripping the nation could be just a few of the reasons that passenger car fatalities have dropped for the sixth straight year while small truck fatalities have dropped for the third straight year. This helps to account for fewer overall deaths on the country’s roadways than in years past.

The U.S. Department of Transportation reports that in 2008 the country experienced the lowest number of traffic related fatalities since 1961. This trend continued into 2009 as the reported number of motor vehicle related deaths during January, February and March of 2009 decreased from the previous year. These decreases may also be linked to stricter seatbelt enforcement, safer roads, and a reduction in the number of impaired drivers on the roads as well as the economy. Unfortunately, the number of motorcycle related traffic fatalities has been on the rise.

In 2008, of the 2,978 traffic fatalities reported in Florida, 1,727 of these fatalities were the result of auto accidents.  Passenger car accident deaths accounted for 1,727 auto accident fatalities or  33 percent  of total traffic fatalities.  Other types of auto accidents include truck accidents, vans, and buses. These various types of auto accidents and car accidents account for 60 percent of all traffic related fatalities in Florida. Motorcycle Accidents, pedestrian accidents, bicycle accidents help  make up the remaining 40 percent of traffic related deaths.

Statistics for the years 2004-2008 for the state of Florida indicate that the state’s number of traffic fatalities is higher than those reported nationally. For example, in 2008 there were approximately 6 fatalities per 100,000 people in Florida, and in the U.S. there were approximately 12 fatalities per 100,000 people. Furthermore, Florida usually reports a higher number of vehicle miles traveled during the year than the nation as a whole. This could be one contributing factor that could account for Florida’s higher traffic fatality rates.

Read the NHTSA Safety Facts June 2009 for more detailed information on Florida Traffic fatalities and US traffic Safety information for 2008.

Seatbelts Save Lives.... Click it or Ticket...  As of June 30, 2009, the Florida Seatbelt law is in full force. Since the Dori Slosberg and Katie Marchetti Safety Belt Law went in effect, the Florida Highway Patrol has written 16,168 in July. This is the first full month that enforcement has been in place.  This is quite a bit more than the 6,475 seatbelt violations issued in July 2008.

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It is finally here: The Florida Seat belt law officially named the Dori Slosberg and Katie Marchetti Safety Belt Law is now in effect. Drivers in the state of Florida can be pulled over for not wearing a seat  belt and ticketed. In Palm Beach County, the ticket will cost drivers $101.00 for not wearing a seat belt.  Buckle up or be prepared to pay the fine.

As we mentioned previously on the Injury Law Blog, this law was named after two young teens tragically killed in a car accident that were not wearing seatbelts. It is believed that they would not have died, if they were wearing seatbelts when the accident occurred. Traffic Safety Champion, and former state representative, Irv Slosberg, said in a recent interview  "This new law is a major victory on the roads".

Capt. Patrick Kenny, of the traffic division in the Palm beach County Sheriff's Office, is in favor of the new law. According to a recent interview on the new Florida Seat belt law, with the Palm Beach Post, he stated the following:

"It's long overdue. Everybody knows that wearing seat belts, they do save lives. Making it the primary reason for a traffic stop gives us the ability to write more citations and make people aware that they need to wear a seat belt."
 

Data from NHTSA on Crash Safety Facts, shows that Florida ranked three in the nation, in 2007 with 3,214 deaths due to car accidents. Texas came in at number two with 3363 car accident related deaths and California came in at number one with 3974 car accident related deaths. 

Let's hope the passage of this new Florida seat belt law will help cut the numbers of unnecessary car accident deaths down in Florida.  It will be interesting to compare our numbers from this year after the seatbelt law goes into place with next year's data. Time will tell if the traffic deaths will continue in a downward direction.

 Important facts regarding Florida's seat belt laws: 

* At all times, passengers in the front seat must wear a seatbelt.

* At all times, any and all rear passenger under the age of 18 must wear a seatbelt.

* At all times, children ages 3 years and younger must be secured in a child restraint seat that is federally approved.

* At all times, children ages 4-5 years must be secured either by a seatbelt or a federally approved child restraint seat.  It is important to note that this can include the use of a booster seat in conjunction with the vehicle seatbelt.

* Drivers of vehicles are responsible for ensuring that children in the vehicle are properly buckled into their seats or using the required restraint devices, there are no exceptions.

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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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