Non-Use of Motor Vehicle Safety Belts as an Issue in Civil Litigation

Westenberg, David A.; John A. Volpe National Transportation Systems Center, (U.S.)

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Non-Use of Motor Vehicle Safety Belts as an Issue in Civil Litigation

1983-08-01
By Westenberg, David A.

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English

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Details:

Creators:

Westenberg, David A.
Corporate Creators:

John A. Volpe National Transportation Systems Center, (U.S.)
Corporate Contributors:

United States. National Highway Traffic Safety Administration
Subject/TRT Terms:

[+]

Laws Legal Factors Litigation Manual Safety Belts Utilization
Publication/ Report Number:

DOT-TSC-NHTSA-83-3 ; HS-806 443

DOT-TSC-NHTSA-83-3 ; HS-806 443 Less -
Resource Type:

Tech Report
Geographical Coverage:

United States
Corporate Publisher:

United States. National Highway Traffic Safety Administration
NTL Classification:

NTL-LAWS AND REGULATIONS-LAWS AND REGULATIONS
Abstract:

The current and potential role of the "safety belt defense" in civil litigation is studied. The paper presents an overview of the safety belt defense, including an evaluation of current precedent. Based on interviews with leading motor vehicle civil litigation practitioners, the paper describes how the safety belt defense is used in practice. Trial strategies of both plaintiffs and defense attorneys, selected from a cross-section of states, are explored and contrasted. The potential impact of safety belt use statutes and areas for expansion of the safety belt defense are highlighted. The use and impact of the safety belt defense in out-of-court settlements (where most tort litigation is resolved) is analyzed. Observations and suggestions for promoting increased judicial acceptance and wider use by attorneys of the safety belt defense are offered, although more research needs to be conducted to determine whether the possibility of a reduction in recoverable damages, via the safety belt defense, encourages people to use their safety belts. Interspersed throughout the paper, actual trial and settlement examples are documented to illustrate the points being made.
Format:

PDF
Collection(s):

Volpe Center
Main Document Checksum:

[+]

urn:sha256:2107355980235cdc1c49c35ba652bb6247ab610d637476c902e755321c25e537
Download URL:

https://rosap.ntl.bts.gov/view/dot/11292/dot_11292_DS1.pdf
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Non-Use of Motor Vehicle Safety Belts as an Issue in Civil Litigation

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