The September 21, 2009 Columbia, Missouri Daily Tribune reported two motor vehicle crashes that occurred on U. S. Highway 63, a four-lane divided highway running north and south through Boone County, Missouri.
Of the four occupants involved in the two crashes, only one was wearing a seatbelt. One driver was ejected and died.
A review of similar newspaper stories on a consistent basis, reveals that unbelted drivers are probably more common than originally thought, or that statistics bear out.
Section 307.178 of the Revised Statutes of Missouri prohibits the introduction of evidence of failure to wear a safety belt as evidence of comparative fault, unless the defense can show by expert testimony that the failure to wear a safety belt contributed to the injuries claimed by plaintiff. The trier of fact, upon finding that the plaintiff's failure to wear a safety belt contributed to his injuries, may reduce the amount of the plaintiff's recovery by an amount not to exceed one percent.
Practically, the admissibility of failure to wear a seatbelt is not a common occurrence; however, skilled defense counsel through questioning can usually impart the idea to a jury when a plaintiff was not wearing the available safety restraint. It is particularly obvious when occupants are ejected.
The possibility of serious injury or death is much enhanced by failure to wear the available safety restraints.
