Lack of seat belt use a serious problem
I just settled a major wrongful death lawsuit against a construction company where the insurance company’s lawyer in Dallas tried to prove that the decedent was not wearing his seat belt. I won the dispute. But why was this even at issue?
Because the Texas Supreme Court ruled last year that seat belt non use is now admissible as evidence at trial. So defendants can now blame the injured driver/his family for not wearing a seat belt and reduce, even zero out their damages award — when the other driver is 100% at fault.
Why do I occasionally see new clients who have been injured in car wrecks but who refused to buckle up? God only knows.
The seat belt holds your body in place and prevents you from hitting the steering wheel, flying through the windshield or being crushed in a rollover crash. This important device is one of the greatest safety innovations of the 20th century.
Seat belts can help divert tragedy, like the one Friday in Fort Worth on West Loop 820. A woman was ejected from her vehicle when it collided with another car. Fort Worth police pronounced her dead at the scene. Had she just taken those two seconds to strap on her seat belt, she might be alive today.