On Friday, February 13, the Texas Supreme Court issued a unanimous opinion that reverses forty years of precedent and dramatically affects the defense of vehicular personal injury lawsuits. Specifically, the Court adopted the “seat belt” defense – seat belt evidence is now admissible to the same extent as any other evidence in Texas courts. Further, failure to buckle up is not limited to negligence per se under the seat belt laws but also may count as ordinary negligence, for children as well as adults.
David Lauritzen, Cotton, Bledsoe, Tighe & Dawson, P.C., and partner (Bruce Williams – not ADTA) tried this case to a jury several years ago and have continued to work on it all the way through to the Supreme Court.
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