Breaking Down the Seat Belt Defense in California
The seat belt defense is based on a concept lawyers call mitigation of damages. If John’s house catches fire, he cannot simply watch it burn down. He must make some effort to put out the fire. In the same way, when people climb into motor vehicles, they have a legal responsibility to look after their own safety. In most states, including California, this responsibility includes putting on a seat belt. However, in the Golden State, the seat belt defense is very complex.
Because of this difficulty, only the most experienced Carlsbad personal injury lawyer should handle a car crash claim. That’s especially true if the victim wasn’t wearing a seat belt. Only a top lawyer can overcome issues like the seat belt defense, or its companion, the helmet defense in motorcycle crashes, and obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
What the Law Says
The seat belt defense is controversial and not always fair. In many ways, the seat belt defense is part of the “blame the victim” culture that’s so prevalent today.
To ameliorate its potential harshness, some jurisdictions limit the percentage of fault which can be attributed to an otherwise-blameless driver who wasn’t wearing a seat belt. In Missouri, it’s a miniscule 1 percent. In Iowa, Michigan, and Oregon, the maximum percentage is 5 percent.
In California, juries are allowed to hear evidence of seat belt non-use to prove comparative fault. California Vehicle Code § 27315(i), provides that “In a civil action, a violation of [the seat belt use law] does not establish negligence as a matter of law or negligence per se for comparative fault purposes, but negligence may be proven as fact without regard to the violation.”
In other words, although a violation of the California seat belt statute does not constitute negligence as a matter of law or negligence per se, the statute does not “totally ban use of the seat belt statute as a factor in determining negligence. In California, for purposes of determining comparative fault, not only may the jury learn of a plaintiff’s failure to use his or her seat belt, the jury may also decide what weight, if any, to give the seat belt use statute in determining the plaintiff’s standard of reasonable care.
How the Law Applies
Basically, insurance company lawyers must prove three things to establish the seat belt defense. First, they must prove the seat belt was in good, working order. Second, they must prove the victim wasn’t properly wearing the seat belt (e.g. Ben was only wearing the lap belt). Three, they must prove the failure to wear a seat belt, not the tortfeasor’s (negligent driver’s) conduct, substantially caused the victim’s injuries.
That third area is the one a Carlsbad personal injury lawyer most often successfully challenges. Seat belts often reduce the risk of impact-related head injuries. But they don’t affect motion-related head injuries. When the head snaps back and forth, the brain violently slams against the insides of the skull.
Furthermore, insurance company lawyers can’t cite safety statistics and wag their fingers at victims. A doctor must testify that the victim’s injuries would be much less severe if s/he was wearing a seat belt.
Insurance companies have the burden of proof in this area. They also have the burden of persuasion. This doctor must be credible enough to sway the jury, even after a Carlsbad personal injury lawyer cross-examines the doctor.
Work With a Detail-Oriented San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.
