Injuries Caused by Seatbelt Defects
You've probably seen the signs that read "Click It or Ticket," but failure to wear a seatbelt is against the law for a reason. Seatbelts save lives in the event of a traffic collision, but what happens when these seatbelts fail? When passengers are not protected by seatbelt restraints, on average, their injuries are much worse and often fatal. Were you involved in an accident where your seatbelt failed? You may be able to take legal action. Contact a Tampa injury lawyer at Givens Givens Sparks.
Types of Seatbelt Defects
Seatbelt defects can be caused by defects in the design or defects in the manufacturing. Specific examples include:
Improper seatbelt placement
If the seatbelt is placed in an inappropriate position, it can be easier for an occupant to accidentally hit the release button.
Failure to latch
Some seatbelts, although appear latched, are actually not latched fully and can come undone in the event of a collision.
Failure to retract
A seatbelt's retractor is what causes it to tighten in the event of sudden braking. If this is broken, the occupant can be violently tossed.
Florida Seatbelt Law
Florida's seatbelt law is detailed in § 316.614. Florida wrote this legislation to correspond with federal automatic crash safety standards.
According to this statute,
A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action.
In other words, if you are involved in an accident that was not your fault, but you were not wearing your safety belt at the time of the collision, this could indicate that you were partially at fault and could affect the damages you receive.
Tampa Seatbelt Injury Lawyer
Contact Givens Givens Sparks if you or someone you love was injured in an accident involving a defective seatbelt. Our law firm is experienced with personal injury, product defect, and auto accident cases. With our knowledge and experience, we could help you pursue legal action against the at-fault party. Call us today for a free evaluation of your accident case.
The process of filing a claim or lawsuit can be complex, and insurance companies often deny certain types of valid claims or offer a low settlement in the hopes that you will accept it. Fortunately, our firm never relents until you receive a fair settlement or verdict. How do you know what amount is fair?
That is where our team of lawyers can help. There are many types of damages that are possible in any injury case, and evaluating your case before moving forward is a key factor in the amount of the settlement you will receive. We are well versed in all aspects of personal injury law and know how to present your case in a way that brings about the optimum results.