Provides relative to safety belts. (8/1/19)
If enacted, SB 148 would significantly impact how cases of motor vehicle accidents are adjudicated in Louisiana. By permitting the consideration of safety belt violations as a contributory factor to negligence, the bill could potentially lead to lower damage awards for plaintiffs who were not wearing seat belts at the time of an accident. This change seeks to encourage more individuals to use safety belts and to emphasize personal responsibility in traffic safety. The bill aligns with public safety goals by promoting safer driving habits, which could ultimately lead to a decrease in traffic-related injuries and fatalities.
Senate Bill 148, introduced by Senator Hewitt, proposes amendments to the existing law regarding safety belt use in Louisiana. The primary objective of the bill is to allow the failure to wear a safety belt to be considered as evidence of comparative negligence in civil actions arising from motor vehicle accidents. Previously, Louisiana law prohibited the consideration of a person's failure to wear a safety belt as a factor in determining negligence or mitigating damages. The new provision aims to reformulate the legal landscape concerning personal injury claims related to traffic incidents.
The sentiment surrounding SB 148 appears to reflect a balance between enhancing traffic safety and concerns over personal liberties. Supporters of the bill argue that it will create a stronger incentive for drivers and passengers to wear safety belts, thus protecting public safety. However, some critics express apprehension about the implications of assigning blame in civil liability cases based on safety belt usage. This opposition often revolves around the fear that the bill might unfairly penalize victims in accidents who may have simply been negligent, potentially complicating the pursuit of justice for those harmed.
Despite the intentions behind SB 148, discussions related to the bill may reveal contention, particularly about its fairness in legal proceedings. Opponents might argue that individuals involved in accidents often face numerous burdens, and adding a comparative negligence standard linked to safety belt usage could prejudice their claims. Moreover, there is concern that this legislative change might skew the outcomes of personal injury cases, establishing a precedent that may further complicate legal processes in terms of accountability in traffic safety incidents.