Alex Houghton, 19, of Bartow, FL, was killed in a car crash on April 12, 2009. Three other teens, including Alex's 17-year-old brother, Michael, sustained serious injuries in the crash. According to the Lake Wales News Article, the accident occurred at approximately 5:40 p.m. when the 1995 Nissan Pathfinder in which the teens were traveling, failed to negotiate a curve on State Road 60 between Mulberry and Bartow, FL. The SUV traveled onto the grass median and rolled over several times before coming to final rest. All four teens, none of whom were wearing seat belts, were ejected from the vehicle. For this reason, the Sheriff's Office has been unable to identify the driver of the vehicle at this time.
Alex Houghton and his brother, Michael, were flown to Tampa General Hospital. Alex did not survive his injuries. Michael remains in critical condition. Jeremy Bostick, 19, of Bartow, FL and Tashan Lowe, 17, were taken to Lakeland Regional Medical Center with serious injuries.
Seat belts use is critical for practical reasons. According to the Florida Department of Motor Vehicles, you are much more likely to be killed if you are not wearing a seat belt. Seat belts protect occupants from being ejected, where the risk of death is five times greater.
There may also be legal repercussions. Pursuant to Florida Statute, 316.614, it is unlawful to operate a motor vehicle without a seat belt. All passengers under the age of 18 are required to wear a seat belt. While the law further states that failure to use a safety belt does not constitute negligence in and of itself, it may be considered evidence of comparative negligence in a civil proceeding. This has further been supported by the Florida Supreme Court, who held in Ridley v. Safety Kleen Corporation, 693 So. 2d 934 (Fla. 1996) that a jury may be informed that the violation of a traffic regulation mandating the use of a seat belt constitutes evidence of negligence that may have contributed to the plaintiff's injuries.
This is known throughout Florida as the "Seat belt Defense." It essentially raised by defendants to persuade the jury that the plaintiff's injuries, though caused by the defendant, were aggravated by his or her failure to wear a seat belt. As such, the jury is required to determine the defendant's percentage of fault. If a jury comes back with a 50% liability verdict for the defendant, the defendant is only required to pay 50% of the plaintiff's damages.
