The Seat Belt Defense

We recently had a case that involved a car accident caused by driver error as well as poor weather conditions, as the roadway was slick from rain. The plaintiff, a Laureti & Associates client, was ejected from the cab of the truck of which she was a passenger. She sustained serious injuries while the driver was unfortunately killed.

For this particular case, our client sued the driver's estate as well as his company. The defendants claimed the seat belt defense as she was not wearing one at the time of the accident.

Seat Belt Defense: If an injury was incurred during a car accident and the injured party was not wearing a seat belt, the defendant has the burden of proving what injuries the plaintiff would have suffered had he or she been wearing a seat belt as required by law.

Numerous experts were retained for each side on both liability and damage issues. The case settled the day before the start of trial for $930,000.

Section 27315 of the California Vehicle Code requires that all persons 16 years of age or older be "properly restrained by a safety belt" when riding in a motor vehicle. If involved in a car accident, not wearing a seat belt not only increases your chances of being injured, it also has the potential to substantially reduce the amount of your recovery. If you have any questions about automobile accidents or the seat belt defense, please contact our office.