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i

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

File Language:
English


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:
  • Publication/ Report Number:
  • 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):
  • Main Document Checksum:
    urn:sha256:2107355980235cdc1c49c35ba652bb6247ab610d637476c902e755321c25e537
  • Download URL:
  • File Type:
    Filetype[PDF - 5.51 MB ]
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