Some defense lawyers argue that if a plaintiff involved in a car accident failed to wear her seat belt,that failure constitutes ________.

A) criminal negligence
B) criminal recklessness
C) scienter
D) contributory negligence
E) intentional infliction of bodily harm

Contributory negligence applies in cases in which both the defendant and the plaintiff were negligent.The defendant must prove that a)the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and b)the plaintiff's failure was a contributing cause of the plaintiff's injury.Some defense lawyers argue that if a plaintiff involved in a car accident failed to wear her seat belt,that failure constitutes contributory negligence.