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An Introduction to the Defense
Automobile seat belts have been widely accepted as an important safety feature since the enactment of federal and state laws requiring manufacturers to install them in new vehicles. Recent studies have indicated that approximately two-thirds of all drivers in the United States use their seat belts each time they drive or ride in an automobile. There is no doubt that a seat belt can indeed help prevent injury in an accident. However, despite the increased use of seat belts and the advent of additional safety features like airbags and side-impact panels, millions of people are injured every year in auto accidents in the United States. Thousands more are killed. Seat belt usage has greatly influenced recoveries in personal injury cases; courts and juries continue to regularly attribute legal significance to a plaintiff's failure to use a seat belt. If a plaintiff was not belted in, they run the risk of being partially blamed for their injuries. This legal concept, known as "contributory negligence" is often used by defense attorneys and is commonly referred to as the "seat belt defense."
To learn more about the so-called "seat belt defense," contact the law office of Samuel Spital and Associates. You can send us an e-mail or call our San Diego law firm at 619-583-0350.
The History of Seat Belt Laws
Prior to the 1950's, seat belts were not installed in automobiles. Seat belt usage was minimal during the following decade. In 1966, Congress began its regulation and promotion of safe travel on America's highways with the passage of the National Traffic and Motor Safety Act. These regulations allowed for the creation of the National Highway Traffic Safety Administration (NHTSA).
Nearly twenty years later, in 1984, NHTSA issued "Standard 208," which provided that unless at least two-thirds of the states passed mandatory seat belt usage laws, all new cars from 1990 forward must include safety features like airbags. Furthermore, Standard 208 mandated that every state had to adopt the seat belt defense, thus allowing for personal injury plaintiffs to be held partially responsible for their injuries if they were not wearing a seat belt at the time of an accident. States were given the option of enacting legislation to enforce the seat belt defense or judicially mandating the same. Since 1984, every state except New Hampshire has enacted mandatory seat belt use laws.
National seat belt use has dramatically increased since the enactment of Standard 208. Evidence shows that those wearing seat belts at the time of a car accident have sustained less severe injuries than those who were not. Most vehicle drivers and passengers are aware that seat belt usage will greatly decrease their chances of sustaining injuries if involved in an accident and automatically "buckle up" when getting in. Some states have even made it a citable offense to not wear a seat belt, and police officers can pull you over for it even if you committed no other traffic violation.
The seat belt defense becomes an issue when the defendant-driver attempts to offer evidence of the plaintiff-victim's failure to use a seat belt as a defense to the plaintiff's claim.
The Purpose of the Seat Belt Defense
Most often, the seat belt defense is used by defendant-drivers to show: 1) the plaintiff-victims contributed to the severity of their injuries by not using a seat belt; and 2) the plaintiff-victims failed to mitigate possible damages. The defendant-drivers are not necessarily trying to relieve themselves of all blame, but are attempting to show that their actions, no matter how negligent, did not cause ALL of the injuries the plaintiff-victim is claiming. Defendants use the seat belt defense in an attempt to not be held solely responsible for all of the injuries suffered.
Furthermore, the seat belt defense has been used to show that the plaintiff-victim did not take all reasonable steps to secure his or her own safety, assuming the risk of possible injury. Defendants argue that the damage award should be therefore decreased to reflect a victim's failure to minimize the damages.
In spite of Standard 208, some states, however, will not allow evidence offered to show that the plaintiff-victim failed to use a seat belt at the time of the impact to be admissible in court. Courts have decided that the party responsible for causing the accident is responsible for the injuries caused by his/her negligent or reckless conduct. For example, in the case of a car accident, the injuries suffered by the plaintiff-victim would not have occurred in the absence of the defendant-driver's conduct. Thus, because the failure to use a seat belt did not cause the accident, the plaintiff-victim's seat belt usage is irrelevant to proving fault for the accident. Non-compliance with state mandated seat belt laws is often held not to constitute negligence, which could decrease the amount of damages awarded to a plaintiff-victim. Thus, in some jurisdictions, the plaintiff-victim's failure to use a seat belt in cannot be offered as evidence to show that the victim contributed to his or her own injuries.
Perhaps more importantly, courts in certain states will not allow a defendant-driver to offer evidence of plaintiff-victim's failure to use a seat belt to show a failure to mitigate (minimize) damages. Allowing such evidence would be inappropriate because the duty to mitigate can only arise after the injury occurs. The decision by a plaintiff-victim to use the seat belt is made before an accident occurs. Therefore, many judges see that this evidence does not fit into the legal definition of "mitigation of damages" and do not allow it.
These are Ever-Evolving Laws - Are You Up to Speed?
In the last 40 years, the Federal and State governments, along with public interest groups and auto manufacturers, have taken great strides toward making both highways and vehicles safer. Devastating accidents occur every day in spite of an increase in seat belt usage. Injuries arising from these accidents can forever change the lives of the victims and their families. If you are a victim of an automobile accident, you should contact Samuel Spital and Associates for a free initial consultation to discuss your injuries. We are not deterred from taking your case just because you were not wearing a seat belt at the time of an accident.