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Failure to Wear Seat Belt May Result in Tough Case Against Drunk Driver

According to the News Enterprise, a Radcliff, Kentucky man died Friday in a fatal car crash on the Gene Snyder in Louisville..  Even though the other driver was intoxicated, the deceased’s estate may not have a good case against the drunk driver.  That’s because the Radcliff man was not wearing a seat belt and was ejected from the car.
Kentucky has a seat-belt defense that prevents someone from recovering for their injuries if a wearing a seat-belt would have prevented them.
In order to succeed, his estate will have to prove that even if he had worn a seat belt, he still would have suffered severe injuries or death.  In situations such as this, we usually hire a biomechanical engineer and an emergency room physician to evaluate the forces and injuries to determine whether a seat belt would have prevented the injuries or not.  Tough case.


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