Although the Texas Supreme Court had previously held that seat belt non-use could not be considered in a civil case, it more recently decided such evidence can be considered for a limited purpose. It explained the new change in the following case.
The Facts of the Case
After a crash between a tractor-trailer and a pickup truck, the driver and passengers of the pickup truck sued the tractor-trailer’s driver and his employer. At the time of the crash, the pickup truck driver was trying to pass the tractor-trailer, and the tractor-trailer crashed into him as it began to turn left.
The case went to trial and the jury found that the tractor-trailer driver was 50% at fault, the employer was 10% at fault, and the pickup truck driver was 40% at fault. At the time of the crash, the pickup truck driver and his two passengers were not wearing seat belts. The jury found that because the plaintiffs were not wearing seat belts, they caused or contributed to their own injuries, and found that each of the plaintiffs was 100% responsible for their own injuries.