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Just after 4 a.m. on October 29, 2012, there was a tragic accident in Collier County on U.S. 41. According to the Florida Highway Patrol (FHP), a woman lost control of her 2013 Chevrolet Suburban and overcorrected first to the right then to the left and the vehicle flipped.  Both the woman and a 3-year-old child were thrown from the vehicle.  Neither the woman nor the child was wearing a seat belt.  The woman was pronounced dead at the scene of the accident, and the child is in critical condition at Miami Children's Hospital.

Attorney Randall Spivey, Spivey Law Firm, Personal Injury Attorneys, P.A., hopes that this serves as a major wake-up call about the need for seat belts on all passengers at the time a vehicle is moving.

"Very tragic, when anything like this occurs," was the response from Larry Scott of the Children's Advocacy Center in Collier County after hearing the news.  Scott continued by saying, "Once you are ejected from the vehicle chances of being critically injured exponentially increases."

Further investigation has determined that in addition to the child's not being buckled, the car seat in the vehicle was not certified for safety. 

"There's absolutely no question that seat belts reduce the risk of death substantially when they are used properly,"  says a spokesperson for the FHP.

In a recent television news report airing in Southwest Florida, it was pointed out that the majority of drivers in Florida "buckle up", but they often ignore the need, and the law, that any other occupant in the front seat, as well as anyone in backseats under 18 years old, must wear a seat belt or otherwise be restrained by a certified child car seat.   

Attorney Spivey points out that in all cases it is the driver's responsibility to make sure that the mandatory seatbelt laws are being followed regardless of how short the trip is, even if it's only a block away.  "I urge you to click on this link Call-for-Action and be prepared to see the very dramatic public service announcement video which has been running on television in the United Kingdom for more than ten years. "

Even though Florida law does not require passengers in the rear seats of vehicles who are 18 years and older to wear a seat belt, a responsible driver should insist that they do.

Under Florida law, the cost of a seat belt violation is $30, or for a child not properly restrained $60, but the real cost could be serious injury or death.

If you or a loved one has been injured in a vehicle accident, please contact us today to discuss your legal rights.  Our focus is on you and your family's well-being. 

Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239. 337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit www.SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.