Personal Injury Lawyer Blog
SEAT BELT NOT A FACTOR
At the time of the crash, Plaintiff was not wearing his seat belt. This raises two issues:
1. Who should be charged with negligence, if anybody, concerning this?
2. Had he been wearing a seat belt, would it have made a difference?
Under California law, the driver of a vehicle has the duty to make sure her (minor) passengers are wearing a seat belt.
Ms. Jones testified as follows in her deposition at page 28:2-29:4
“Q. Now, when you would ride in that car and there were three, from time to time on other occasions would the person in the backseat come up so you could all talk?
A. Yes.
Q. Was that something you normally did?
A. Yes. I think more so on back roads. We were on the freeway, we wouldn’t do that. But on back roads, yes.
Q. Because the person way in the back can’t hear what the front two are saying essentially?
A. Correct.
Q. Because the person way in the back can’t hear what the front two are saying essentially?
A. Correct.
Q. Okay. Do you recall that night before the accident whoever was in the backseat was if you were on a back road they would be up near you so they could be in the conversation?
A. I don’t recall specifically.
Q. On other occasions on the back roads would the person in the backseat come up so that there could be a conversation?
A. Yes.
Q. Okay. Now, when someone comes up from the back seat, they have to take off their seat belt, don’t they?
MR. TURNER: Objection. Calls for speculation. Go ahead.
THE WITNESS: Yes, you would.
Q. BY MR. COLLINS: Now, do you remember instructing Plaintiff that night to sit back and put on your seat belt?
A. No.”
(See Part 8 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.