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Lawyer: Seat Belt Use Possible Strategy For Bollea's Defense

Todd Davis / News Channel 8

Nick Bollea walks out of the Pinellas County Jail with attorney Morris Weinberg and Kevin Hayslett on Wednesday morning.

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By THOMAS W.  KRAUSE | The Tampa Tribune
and JOSH POLTILOVE | The Tampa Tribune

Published: November 7, 2007

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TAMPA - By raising the issue of seat belt usage, Nick Bollea could be laying groundwork for his criminal defense and attempting to minimize future civil liability.

Attorneys Morris "Sandy" Weinberg Jr. and Kevin Hayslett released a statement today saying Bollea's, 22-year-old passenger, John Graziano, was not wearing his seat belt and the family wants to increase public awareness of seat belt usage.

On Aug. 26, Bollea's 1998 Toyota Supra hit a curb, crossed two lanes and struck a palm tree. Graziano, who was sitting in the passenger seat, suffered brain damage and remains in critical condition at Bayfront Medical Center.

Tom Scarritt, a Tampa lawyer with no connection to the case, said Florida law allows seat belt usage as a defense in civil lawsuits. If a driver causes an accident but the injured person was not wearing a seat belt, civil damages against the driver can be reduced.

In a criminal case, Scarritt said, defense attorneys can argue that the accident would not have been as severe if the victim wore a seat belt. The charge of reckless driving involving serious injury might not have applied.

"If he had his seat belt on, he would not have been seriously injured," Scarritt said. "It would have changed the scenario, probably."

Therefore, the Bolleas' announcement to begin a seat belt campaign is not necessarily entirely altruistic, Scarritt said.

"Is the Bollea family really trying to raise awareness about seat belt usage? Let's hope so," Scarritt said. "Is that a campaign that helps their legal strategy? I think so."

State Rep. Rich Glorioso, R-Plant City, has proposed a bill for this year's legislative session that would allow any motorist, regardless of age, to be stopped for not wearing a seat belt.

When told today of the comments by Bollea's lawyer, Glorioso said it's good practice for drivers to ensure their passengers wear seat belts.

"I believe a driver of a car should require their passengers to do that," he said. "I try to do that. I'm trying to try to encourage my grandson, who's getting his permit in December, to do that."

Still, Glorioso said, he supports the lawyer's comments because they emphasize the need for people to wear seat belts.

"It's just such an important thing to wear a seat belt," Glorioso said. "Seat belts save lives."

The Legislature passed a bill three years ago that allows law enforcement officers to pull over drivers they think are younger than 18 for not wearing a seat belt. Drivers 18 and older can be cited for not wearing a seat belt if they are stopped for another traffic violation.

If Glorioso's bill passes, a law enforcement officer would be allowed to stop a motorist and issue a citation for a safety belt violation upon reasonable suspicion that the driver, any passenger younger than 18 or any passenger in the front seat 18 or older is not restrained.

Florida's safety belt usage rate was about 74 percent as of January 2006, a House bill analysis from last year shows. The analysis also said lap/shoulder belts used properly reduce the risk of moderate-to-critical injury to a car's front-seat passengers by 50 percent.

Reporter Thomas W. Krause can be reached at (813)259-7698 or tkrause@tampatrib.com.

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