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Seat Belt and Child Safety Restraint Liability

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.  Moreover, it is unlawful for any child under the age of 18 to sit in the front seat of a motor vehicle, unless he or she is restrained by a safety belt.  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.  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. 

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.  However, the violation of the Florida Statute requiring the use of child restraints, may not be used in a cause of action for injury to a child in a motor vehicle accident to be considered on the issue of comparative negligence, nor be introduced as evidence in the trial of any civil action involving allegations of negligence.
 
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.


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