Seat Belt Defense in Auto Accident Case

Russell v Beddow, 1st DCA, August 2011

Trial court erred in denying plaintiff’s motion for directed verdict on seatbelt defense and attendant apportionment of fault where defendant failed to present competent expert evidence that failure to wear seatbelt produced or contributed substantially to plaintiff’s cervical injury

This case illustrates a few things: wear your seat belt and realize that if you don’t and get in an accident, the insurance company will blame your injuries on your failure to wear your seat belt.

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