In some states the defendant can introduce the fact the plaintiff was not wearing a seat belt to show contributory negligence. The supreme court of Illinois has decided that the plaintiff’s failure to wear a seatbelt is not admissible to show negligence. The court reasoned that the plaintiff does not have the duty to anticipate the defendant striking the plaintiff’s vehicle. However, there are limits to this exclusion, the defendant can introduce the fact the plaintiff was not wearing a seatbelt on the issue of mitigating damages.
The personal injury attorneys at Meyerkord, Meyerkord & Kurth are experienced with motor vehicle accident claims and can help you or someone you know who has been in a motor vehicle accident. We have a track record of recovering millions of dollars due to car accidents and helping clients recover from their traumatic experience. Our personal injury attorneys are licensed in Missouri and Illinois. We have logged thousands of hours on the phone with insurance companies and recovered millions of dollars for medical bills, pain and suffering, and property damage. We have over 100 years of combined experience. Please contact us at (314) 300-3000 or (800) 391-4318 for a no-obligation assessment of your potential motor vehicle case.
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