An Expert Guide to the Seat Belt Defense

The injured plaintiff's damage award may be reduced if he was not strapped in at the time of the accident

, New Jersey Law Journal


Defendants in a motor-vehicle case may raise the issue of an injured driver or passenger exacerbating his or her injury by not wearing a seat belt. This is known as the "seat belt defense." When successful, this defense can result in a reduction of the damages paid to the plaintiff. This article explores both the legal and engineering-related aspects of the seat belt defense.

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