Legal Question in Personal Injury in Tennessee

Re: Can my son sue and win?

Yes, your son can certainly sue but the fact that your son was not wearing a seatbelt can be used to diminish the amount of his recovery in the case. If the defense can show that his failure to use a seatbelt allowed him to sustain more significant injuries than he would have sustained had he been wearing a seat belt, then your son's recovery will be reduced.

Re: Can my son sue and win?

Yes. He can win. The fact that he was not wearing a seatbelt would not be admissible in evidence. Therefore, your son would not be responsible for any negligence in causing the car accident.

Re: Can my son sue and win?

The likelihood is that your son's failure to wear a seatbelt will not be allowed into evidence if he sues the other driver. I urge you and your son to seek legal counsel about this but your lawyer will want to review all applicable laws including TN statute � 55-9-604 which provides in part:

"(a) The failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt shall not be admissible into evidence in a civil action; provided, that evidence of a failure to wear a safety belt or receipt of a citation or warrant for arrest for failure to wear a safety belt, as required by this chapter, may be admitted in a civil action as to the causal relationship between non-compliance and the injuries alleged, if the following conditions have been satisfied:..."

If you would like to discuss this further, please do not hesitate to contact our office.