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If you were injured in an auto accident in Texas and were not wearing your seat belt, you may be wondering whether this fact may ruin your case. The short answer is the extent as to how damaging it will be to your case will depend on whether the non-use was a cause of your injury for which you are seeking compensation.
Evidence that you were not wearing your seat belt can be admitted during trial in Texas. The Texas Supreme Court in Nabors Well Servs. v. Romero, 456 S.W.3d 553 held that relevant evidence of the use or non-use of seat belts is admissible if such conduct caused or was a cause of the damages sought. This means that if your injury was caused by the non-use of your seat belt, then the that evidence is admissible and the jury (or judge) may consider it. This can definitely affect the outcome of your case.
The Nabors ruling overruled the previous prohibition on seat-belt evidence in negligence cases, allowing it to be considered for the purpose of apportioning responsibility.
However, the relevance of such evidence must be established. The trial court must consider evidence outside the jury’s presence to determine relevance, often requiring expert testimony. In re Gamble, 676 S.W.3d 760. If seat belt non-use caused or contributed to the plaintiff’s injuries, the fact-finder may consider it when determining negligence and apportioning responsibility.
In practice, this means that if the non-use of a seat belt is shown to have exacerbated the injuries, it can be used to reduce the damages awarded to the plaintiff, as seen in the case of Nabors Well Servs. v.</a> Loera, 457 S.W.3d 435, where the jury found the plaintiffs’ failure to use seat belts to be a proximate cause of their injuries and attributed 100% responsibility for the injuries to the plaintiffs’ non-use of seat belts.
Contact Our Experienced Texas Car Accident Lawyers to Handle Your Case
Do you have further questions regarding seat belt non-use? Call us today for a FREE consultation regarding your Texas seat belt non-use case. Our Texas car accident lawyers can help you present the best case possible to the insurance company. Call (855) 545-1777 to speak to our Texas car accident injury attorneys directly.
