When a case requires proof of an unknowable fact, sometimes the right expert can discover that fact.
In Oklahoma, seatbelt use can be other peoples’ business, too.
Oklahoma has long followed a rule that, in any civil lawsuit, no one can mention whether or not a seatbelt was used.
This rule has prevented automobile manufacturers from raising the defense that “the person was hurt in a crash because he chose to not wear a seatbelt, not because the car is defective.” Prior to trial of an automobile defect case, we were able to argue the unfairness of this rule to the Oklahoma Supreme Court. The Court created an exception to Oklahoma’s rule for products liability lawsuits. Now, if you choose not to wear a seatbelt in Oklahoma, a jury is going to hear about it.