Does a plaintiff's failure to wear a seatbelt contribute to the cause of a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Uyeyama v. Wittenberg, 1985 CanLII 372 (BC SC):

It may well be correct that the plaintiff's failure to wear a seatbelt did not contribute to the cause of the accident and, in one sense, it may have contributed to the extent of the injuries sustained by the plaintiff in the accident. However, in another sense, the plaintiff's fault - his failure to wear a seatbelt - contributed to the damage or loss caused to the plaintiff. His failure to wear a seatbelt allowed the plaintiff to be propelled forward inside the motor vehicle at the time of the impact of the vehicle with the stone wall at the northeast corner of the intersection of Granville Street and 25th Avenue, and caused him more serious injuries than he otherwise would have sustained. The increase in the seriousness of his injuries was quantified at 10 per cent. It matters not whether the plaintiff's fault was characterized as contributory negligence, or initial negligence, or some other term: see Cominco v. West Kootenay.

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