Auto Accident Law

The Seatbelt Defense and Mitigation of Damages in California Injury Litigation

Legal Review: Senior Trial CounselUpdated: September 2, 2026Jurisdiction: California Tort Law

Under California Vehicle Code § 27315 (Mandatory Seatbelt Law), failure to wear a safety belt does not automatically bar an injured party from recovering damages. To reduce compensation under the **Seatbelt Defense**, the defendant carries the heavy burden of proving that seatbelt non-use directly caused or exacerbated specific injuries.

1. Defendant's Three-Part Burden of Proof

In *Franklin v. Gibson*, the California Court of Appeal ruled that defendants must establish through expert biomechanical testimony: (1) an operational safety belt was available, (2) a reasonably prudent person would have used it, and (3) what specific injuries would have been avoided had the restraint been fastened.

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Authored & Reviewed by Personal Injury Legal Counsel

Published by the Car Injury Attorneys legal research editorial team. Dedicated to analyzing California motor vehicle liability statutes, insurance carrier claim tactics, and civil tort precedents.