As Orlando injury lawyers handling car accidents, we certainly endorse the use of seat belts. Buckling up has saved more lives than anyone can accurately calculate. Seat belt use also decreases the risk of serious injury and the related health care costs. Unfortunately, many Florida drivers for whatever reason ignore the importance of wearing a safety belt. Consequently, the Florida legislature is considering a bill that would make failing to wear a seat belt a primary offense.
As it stands in Florida, police can not issue a ticket for an unbelted driver 18 or older unless that person is stopped for another infraction. The primary seat belt law being proposed gives law enforcement the authority to stop and ticket motorists for not wearing a seat belt. Such legislation raises several important issues.
Does a buckling-up requirement fall within the reasonable scope of the government’s public safety role, like laws against abusing illegal drugs? Would the law increase the risk of racial profiling by giving police a reason to pull over African-American males. Studies show that African-American males have the lowest use of seat belts, along with occupants of light trucks. Of course, there is the practical consideration of police priorities. Do we want our already over-burdened law enforcement officers focusing on compliance with a seat belt law.
According to The National Highway Transportation Safety Administration nearly 2,000 lives a year could be saved and 50,000 injuries could be prevented if every state adopted a primary seat-belt law. Besides health care savings from reduced injuries, states may receive large federal financial benefits. States that can get 85 percent of their motorists to wear seat belts can get about $35 million from the federal government in traffic-safety incentives.
But states must not just pass the laws. They must enforce the laws that, by themselves, make some but not all buckle up. The New Jersey’s governor is a high profile example. Governor John Corzine wasn’t wearing a belt when his trooper-driven vehicle crashed, nearly killing him earlier this month. Whether Florida passes a primary seat belt law and whether it will have the desired effects is yet to be seen.
