“Defendant claims that Plaintiff was negligent because he failed to wear a seat belt. To succeed, Defendant must prove all of the following: 1. That a working seat belt was available; 2. That a reasonably careful person in Plaintiff’s situation would have used the seat belt; 3. That Plaintiff failed to wear a seat belt; and 4. That Plaintiff’s injuries would have been avoided or less severe if he 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: [].”
[CACI Jury Instructions [citations omitted]]
