The Seat Belt Defense and Your Palm Beach County Car Crash Case: Part II

A Palm Beach County car accident defendant who pleads the seat belt defense has the burden of proving that the vehicle the plainitff was driving contained seat belts and that they could have been used.  Plaintiff may rebut this by showing that the seat belts did not work.  However, even if the defendant is able to show that the plaintiff had an available and operational seat belt, it is not the end of the plaintiff's case.  A jury must still consider such factors as whether the plaintiff would have suffered the same or similar injuries which could depend on the angle of impact; position of the plaintiff; the plaintiff's physical build; the type of seat belt; whether the plaintiff's injuries would have been significantly different of he/she were wearing a seat belt and if so, to what extent should the plaintiff's recovery be reduced.

You should not worry if you were not wearing a seat belt when you were injured in your West Palm Beach car accident.  However, it is important to have an experienced West Palm Beach accident trial attorney who understands the seat belt defense and how it could be used against you by the defendant in an effort to reduce the defendant's liability and your recovery.