A man from Elkton, Florida, near St. Augustine was killed Thursday night in a single car accident when the truck in which he was a passenger rolled over. The man along with the driver were in Jeep Grand Cherokee on State Road 207, when the vehicle left the roadway. The driver then overcorrected, causing the SUV to flip.
The deceased was not wearing a seatbelt and was ejected from the vehicle. The driver was also not wearing a seatbelt either and was seriously injured. The driver was taken to Flagler Hospital in St. Augustine. The official FHP report says alcohol was involved.
Once again, we see an example where an unbelted occupant of a vehicle is ejected in a vehicle rollover crash and killed. Ejection from a vehicle that flips is very common due to inertia causing the body to remain in place while the vehicle tumbles around that person causing the occupant to forcefully strike windows, doors or open spaces, such as an open window or the open top of a convertible car.
When personal injuries or wrongful death occurr in a car accident in Florida when a person is not wearing a seatbelt, the recovery for such injuries or death can be severely reduced. If the defendant can prove that the person would have received less significant or no injuries, then the jury is to award only for the injuries that would have occurred if the person was seatbelted.
An attorney for an injured plaintiff can face serious challenges proving that the same degree of injuries would have resulted if the injured person was belted.
As Jacksonville car accident attorneys we have represented both seatbelted and unbelted clients that suffered personal injuries in auto accidents. If you have questions or would like a free consultation please call our Jacksonville injury law firm.