The Motor Vehicle Safety Act passed by the California Legislature requires all passengers to have a seat belt on when they are in a car. Failure to have a seat belt on or to have a child restrained in a car safety seat may be considered comparative fault that may reduce your ability to recover damages.If a defendant seeks to introduce evidence that a plaintiff was unbelted at the time of an injury, he or she must prove not only that the seat belt was not on, but that had the seat belt been worn, the injury would not have occurred or would have been less severe. They must use an expert to meet this burden of proof.
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