Motor Vehicle Accidents

This category contains 2 posts

Buckle Up – The Florida seat belt defense in automobile accident cases

Posted by Matt Mazzarella ⋅ May 2, 2011 ⋅ 2 Comments

The common law seat belt defense is now used to demonstrate a plaintiff’s comparative negligence rather than to mitigate his damages. Florida law was not always this clear. In Ridley v. Safety Kleen Corporation, the Florida Supreme Court recognized that “there has been some confusion and misunderstanding as to the nature of the so-called seat … Continue reading →

Admitting blood-alcohol test results in civil cases

Posted by Matt Mazzarella ⋅ April 25, 2011 ⋅ 6 Comments

Blood-alcohol test results can be crucial to the success of a motor vehicle case. Admission of those results, however, will depend upon their relevance. § 316.1934(2), Fla. Stat. (2011) provides: [U]pon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving, … Continue reading →