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3914 The seat belt defense may be applied to a plaintiff's failure to use available restraints while sleeping in the sleeper berth of a long haul truck, even though the law does not require they be used; expert testimony is not required to establish the seat belt defense if jurors using common sense reasonably could infer that no injury would have occurred if available restraints had been used.CitationLARA v NEVITT (Seat Belt Defense) 123 CA4 454 [See: Truman v Vargas 275 CA2 976; Franklin v Gibson 138 CA3 340]
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