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CACI 712

What Is Affirmative Defense of Failure to Wear a Seat Belt Law in California

Personal Injury Lawyers

What is the Law in California for the Affirmative Defense of Failure to Wear a Seat Belt- California Civil Jury Instruction CACI 712

California Law

CA Civil Jury Instructions

CACI 712 - Affirmative Defense of Failure to Wear a Seat Belt

As of September 1, 2010

California Civil Jury Instruction CACI 712

712. Affirmative Defense—Failure to Wear a Seat Belt

[Name of defendant] claims that [name of plaintiff] was negligent

because [he/she] failed to wear a seat belt. To succeed, [name of
defendant] must prove all of the following:

1. That a working seat belt was available;

2. That a reasonably careful person in [name of plaintiff]’s

situation would have used the seat belt;

3. That [name of plaintiff] failed to wear a seat belt; and

4. That [name of plaintiff]’s injuries would have been avoided

or less severe if [he/she] had used the seat belt.

[In deciding whether a reasonably careful person would have used

a seat belt, you may consider Vehicle Code section 27315, which

states: [insert pertinent provision].]

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