Admissibility of Seat Belt Evidence
In a personal injury case, many clients are concerned about the effect of not wearing a seat belt when the accident occurred. The Texas Transportation Code requires that persons wear a seat belt while riding in a car. Tex. Trans. Code § 545.413. As such, in many cases, the person injured in a car wreck wrongfully assumes that the at-fault driver will get out of being held liable for their negligence because they were not wearing a car seat when the collision occurred.
Wearing a seat belt can save lives and should always be worn in case of an accident and to avoid fines and penalties under the Texas Transportation Code. However, Texas does not recognize a “seat belt defense” in civil cases. This is because whether or not a person is wearing a seat belt at the time of an accident does not relieve other drivers from their duty to drive in a safe and careful manner on the road. Thus if someone else causes a car accident, evidence that the injured person is not wearing a seat belt is inadmissible to prove or disprove liability or the amount of money damages available to the injured person.
More Auto Accident Information
- Property Damage in Auto Accidents
- Admissibility of Seat Belt Evidence
- The Rules of the Road
- Settling a Case with a Minor
- How Accident Claims Work
- Insurance Claims Dos & Don'ts
- Auto Accident Injuries & Compensation
- Dealing with Insurance Carriers
- Do you need an attorney after a car accident?
- How Much Money Is My Car Accident Case Worth?
- Mercury Insurance Claims
- State Farm Insurance Claims
- Allstate Insurance Claims
- Farmers Insurance Claims
- Geico Insurance Claims