Repeals provision of law relative to the effect of failure to use a safety belt with regard to use for comparative negligence
Impact
If enacted, this bill would change the legal landscape for civil suits arising from automobile accidents. Specifically, it would open the door for insurance companies and defendants to argue that a plaintiff's lack of safety belt use contributed to their damages, which could result in reduced compensation for claimants. Additionally, this change might encourage individuals to take personal responsibility for their safety while driving, potentially influencing behavior regarding seatbelt use.
Summary
House Bill 214 seeks to repeal a specific provision in Louisiana's traffic laws concerning the use of safety belts and its relevance in legal actions for damages. The bill proposes the repeal of R.S. 32:295.1(E), which currently states that an individual's failure to use a safety belt cannot be used as evidence of comparative negligence in any lawsuit related to the ownership, maintenance, or operation of a motor vehicle. Essentially, if this bill passes, it would allow the failure to wear a seatbelt to potentially influence the outcomes of such legal actions.
Sentiment
The sentiment surrounding HB 214 appears to be mixed, with proponents likely arguing for personal accountability and financial fairness in the legal system. Conversely, opponents may express concerns about the implications for injured parties and how this change could disproportionately affect vulnerable individuals who may already be facing hardships as a result of accidents.
Contention
Notable points of contention could arise regarding the bill's impact on injury claims and the fairness of penalizing individuals for not wearing seatbelts when determining liability. Critics may argue that this approach may deter individuals from seeking justice in cases where they were not at fault, thus undermining the protective intentions of current safety belt laws.