AUTOMOBILE SEAT BELTS: WHEN ARE THEY EFFECTIVE IN REDUCING INJURY?

Athough it is universally conceded that automobile seat belts are generally beneficial, there exists substantial disagreement as to the specific parameters which determine the outcome in a given accident. The problem is of considerable interest in civil litigation involving a personal injury claim by an unbelted individual. In many jurisdictions, the award to the claimant is reduced by the extent to which his injury would have been reduced if he had been belted. Such determinations are based upon varying concepts including: contributory negligence, assumption of risk, and violation of the law in those states where seat belt usage is mandated. In a majority of cases where definitive crash information is available, the question of injury mitigation if the belt had been worn can be resolved to a reasonable degree of engineering certainty. However, the confidence of such a determination is enhanced where a physical examination of the vehicle is possible. In those instances where an expert no longer has access to the vehicle, he can rely on photographs, but the quality of his opinion is often dependent on the quality of his photographic evidence. Without photography, the questions often cannot be resolved. However, at the lower speeds, a fair evaluation can often be made in spite of this limitation.

• Corporate Authors:

  System Safety Society, Incorporated

  P.O. Box A
  Newport Beach, CA  United States  92663
• Authors:
  • Rossini, D
• Publication Date: 1984-9

Media Info

• Features: Figures;
• Pagination: p. 20-24
• Serial:
  • Hazard Prevention
  • Volume: 20
  • Issue Number: 5
  • Publisher: System Safety Society, Incorporated

Subject/Index Terms

• TRT Terms: Awards; Evidence; Expert evidence; Impacts; Injuries; Insurance claims; Laws; Litigation; Loss and damage claims; Manual safety belts; On the scene crash investigation; Photographs; Reduction (Chemistry); Traffic crashes; Traffic mitigation
• Uncontrolled Terms: Mitigation
• Old TRIS Terms: Expert testimony; Personal injury; Reduction
• Subject Areas: Highways; Law; Safety and Human Factors; Vehicles and Equipment; I91: Vehicle Design and Safety;

Filing Info

• Accession Number: 00452226
• Record Type: Publication
• Source Agency: National Highway Traffic Safety Administration
• Report/Paper Numbers: HS-038 650
• Files: HSL, TRIS, USDOT
• Created Date: Jan 31 1986 12:00AM