How the Law Treats a Plaintiff’s Failure to Use a Seatbelt
Recent developments in Texas case law and the Texas Pattern Jury Charges have reshaped the treatment of seatbelt nonuse in personal injury cases. Formerly viewed as a failure to mitigate damages, seatbelt nonuse is now recognized as pre-occurrence negligence, impacting fault allocation. Admissibility of seatbelt evidence depends on its relevance to injuries, determined by the trial court, often necessitating expert testimony. The Romero decision provides guidance on constructing jury charges, distinguishing between violations of seatbelt laws and general negligence. Notably, even children, exempt from statutory responsibility, may be held to age-appropriate standards. Moreover, fault may extend to individuals failing to ensure seatbelt use, including parents and third parties. This shift aims to promote safer behavior while ensuring fairness and accountability in assigning liability for accident-related injuries.