Connecticut Senate Bill SB00481

Connecticut 2010 Regular Session

• Introduced: 3/16/10
• Refer: 3/16/10

Caption

An Act Concerning Seat Safety Belt Evidence And Medical Examinations In Personal Injury Actions.

Impact

The proposed changes to the law could substantially alter how personal injury claims related to vehicular accidents are adjudicated. By allowing seatbelt usage as a factor in evaluating negligence, it is anticipated that this might lead to a reduction in damages awarded in cases where a plaintiff was not belted. This could result in more favorable outcomes for defendants in personal injury litigation, thereby impacting the landscape of vehicular accident claims and potentially influencing rates of insurance payouts.

Summary

SB00481 aims to amend existing statutes regarding the admissibility of evidence related to seat safety belt usage in personal injury cases arising from motor vehicle accidents. The bill proposes that evidence of whether an occupant was wearing a seat safety belt at the time of an incident may be considered by the court to establish the cause of injury and may serve as a mitigating factor when determining damages. This marks a significant shift from previous statutes where failure to wear a seatbelt was not regarded as contributory negligence or admissible in civil liability cases.

Contention

Despite its intentions, the bill has faced contention, particularly from advocates who argue that it might unfairly penalize victims of accidents who may have been unable to wear seatbelts for various reasons. Concerns have also been raised that this could lead to an inconsistency in personal injury claims, potentially encouraging insurance companies to challenge the legitimacy of claims based on seatbelt use. The thoughtful consideration of how this evidence is presented and leveraged in court proceedings will be crucial in maintaining fairness in personal injury litigation.