The Perazzo Law Firm’s personal injury accident lawyers in Miami have learned, according to 104.5 WOKV, that a crash Monday morning on U.S. 301 in Baldwin killed two Jacksonville men. In Florida civil cases, a seat-belt violation is not negligence per se, but it may be considered as evidence of comparative negligence, under Fla. Stat. § 316.614(10). Anyone with questions about a truck accident claim can call 888-PERAZZO or contact the firm today for a FREE consultation 24/7.
What the news report says
According to 104.5 WOKV, citing a Florida Highway Patrol news release, the crash happened around 6:36 a.m. Monday on U.S. 301 just south of Interstate 10 in Baldwin.
WOKV reports that troopers said a Freightliner tractor-trailer was crossing the highway from the TA truck stop south of the interstate when a southbound Nissan Rogue collided with the side of the trailer.
The SUV’s 48-year-old driver and a 34-year-old male passenger, both from Jacksonville, were pronounced dead at the scene, WOKV reports. Troopers said neither was wearing a seat belt, and the release did not identify them. WOKV also reports that the tractor-trailer’s driver, a 42-year-old Jacksonville woman, was not hurt.
The report does not say what caused the crash, and this post does not suggest that anyone was at fault.
How Florida treats seat-belt nonuse in a civil claim
An experienced Miami car accident lawyer knows that Fla. Stat. § 316.614(4)(b) requires the operator of a vehicle to wear a safety belt. Subsection (10) of the same statute limits how a violation can be used in a lawsuit. It says a violation:
- does not constitute negligence per se;
- cannot be used as prima facie evidence of negligence or be considered in mitigation of damages; but
- may be considered as evidence of comparative negligence, according to the statute’s text.
Seat-belt evidence is one factor among many. It does not by itself decide who is responsible for a crash.
Where comparative fault comes in
Florida’s comparative fault statute, Fla. Stat. § 768.81, generally lets a jury assign a percentage of fault to each party. Under subsection (6), a party found more than 50 percent at fault for their own harm generally cannot recover damages in a negligence action. Any percentage depends on all of the evidence, including how a crash happened, which the WOKV report does not address.
Wrongful death claims for the families
Under Fla. Stat. § 768.20, a wrongful death action is brought by the deceased person’s personal representative on behalf of the survivors and the estate. A wrongful death lawyer can explain who may qualify as a survivor and what damages the law allows.
The general filing deadline is two years under Fla. Stat. § 95.11(5)(e). Exceptions exist, so the deadline for any one family depends on its facts.
FAQ
Does not wearing a seat belt end a Florida injury or death claim?
Not by itself. Under § 316.614(10), it is not negligence per se, though it may be considered as evidence of comparative negligence.
Who brings a wrongful death claim in Florida?
The personal representative of the estate, for the survivors and the estate, under § 768.20.
Does this post say who caused the Baldwin crash?
No. The WOKV report describes what troopers said and does not state a cause or fault.
Talk with the firm. Call 888-PERAZZO or request a case evaluation.
Miami Accident Attorney Advertising. The Perazzo Law Firm has offices in North Miami Beach, FL and Atlanta, GA. Jonathan Perazzo, Esq. is responsible for the content of this advertisement. This post is general information, not legal advice, and no attorney-client relationship is formed by reading it. The incident description is based on a news report and may change.