Can I recover for Injuries If I Was Not Wearing a Seat Belt as a Passenger
- The accident occurred immediately when the customer/passenger entered into the car, not giving him time to wear his seat belt.
- Driver failed to give the passenger/customer enough time to put on his seat belt and did not make sure of this fact before continuing to the prompted destination.
- Failure to wear a seat belt was not the cause of the accident and fails to meet the but for standard, in tort cases.
- The non-use of the seat belt does not fit into the mitigation of damages defense. Mitigation of damages requires that the any party mitigate or work to reduce their injuries/damages after an accident. Not wearing a seat belt would not fit into this defense.
- Taxi cabs are common carriers and owe their occupants the highest duty of care and passengers or occupants are not required to predict the negligence of other drivers.
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