Under Florida law, it is unlawful for any person to operate a motor vehicle unless each passenger of the vehicle under the age of 18 years old is restrained by a safety belt or child restraint device. Additionally, children 3 and under must be secured in a federally approved child restraint seat. This law applies to all cars, pickup trucks, and vans. Motor vehicle crashes are the leading cause of death for children ages 3 to 14. The death of a child is an unspeakable and devastating tragedy that no family should ever have to experience. Further, a child that is injured by a motor vehicle accident due to the negligence of another is innocent victim and should be compensated for his or her injuries.

Although the violation of the statute requiring the use of seat belts does not constitute negligence per se and may not be used as prima facie evidence of negligence or be considered in mitigation of damages, such a violation may be used as evidence of comparative negligence in a civil action. Therefore, the nonuse of a seat belt may be considered as evidence of comparative negligence in any civil action, regardless of whether it is an action brought by a driver or by a passenger in the vehicle. Additionally, in a cause of action for personal injury to a child in a motor vehicle, a child's legal guardian could bring a negligence action against the driver of a vehicle for failing to exercise reasonable care in allowing the child to ride in the vehicle without wearing a seatbelt.

If your child is injured or killed by a motor vehicle, you need the knowledgeable and skilled Florida Child Injury law firm of Sharmin & Sharmin P.A. on your side. The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.