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Experienced Missouri car accident lawyers must be ready to make sure certain types of evidence against their injured client does not get into evidence. In previous posts I discussed evidence of drinking and drug use as well as evidence of unrelated medical conditions. In this article we will discuss the limited circumstances wherein the failure of a client injured in a Missouri truck accident to wear a seat belt is admissible into evidence in Missouri a car accident trial.

If you are badly injured in a car or truck accident in Missouri, the jury usually cannot assess fault against you for failure to wear your seat belt.

Under Missouri Statute 307.178 – The failure to wear a safety may be admitted to mitigate damages, but only when (1) there is expert evidence proving that a failure to wear a safety belt contributed to the injuries claimed by plaintiff; and (2) may reduce the amount of the plaintiff’s recovery by no more than 1%.

Also see the Missouri supreme court case of Newman v Ford, 975 SW 2d 147 (Mo Banc 1998), addressing multiple issues of a Missouri rear end truck collision involving the injured driver’s failure to wear a seat-belt.

St Louis truck accident and wrongful death lawyer Ben Sansone handles car accident cases across all of Missouri and Illinois and has a reputation for relentless and aggressive representation of Missouri injury victims.

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