cabby john wrote:
I have had this falling off the seat lark, Umm as you are over 14 years old you are deemed to know that you should have put your seat belt on. Are you sure drive? Yes - Umm no injuries all of a sudden.
Mr T is right, in the majority of cases injury through negligent driving is enough to secure a result. Any damages will be reduced accordingly if the passenger contributed to the injury by not wearing a seat belt.
The point is, don't assume that just because the passenger is not wearing a seat belt that the duty of care to drive carefully is discharged.
Regards
JD