Suspends provisions relative to safety belt evidence (Item #40)
If passed, HCR18 would effectively change how courts assess negligence in motor vehicle accident claims by allowing evidence of not wearing a safety belt to be considered comparisons of negligence. This shift would likely lead to a reduction in damages awarded to plaintiffs who failed to wear a safety belt at the time of an accident. The resolution is contingent on the non-enactment of House Bill No. 57, which aims to address similar issues through different legislative means.
HCR18 is a concurrent resolution introduced during the 2020 First Extraordinary Session of the Louisiana Legislature. The resolution proposes the suspension of provisions related to the admissibility of evidence concerning a person's failure to wear a safety belt when seeking damages in motor vehicle-related cases. Currently, under R.S. 32:295.1(E), such failure is not considered evidence of comparative negligence in negligence actions. HCR18 seeks to suspend this provision temporarily to allow lawmakers to make necessary revisions aimed at achieving broader tort reform and to lower motor vehicle insurance premiums in the state.
The sentiment surrounding HCR18 appears to be mixed, as it intersects with broader discussions about tort reform and the implications for personal injury claims. Proponents argue that it will promote safer driving habits by increasing accountability for individuals not wearing safety belts, potentially leading to reduced insurance costs overall. However, opponents of the bill may see it as an infringement on individuals' rights in personal injury cases, arguing that it creates an unfair bias against victims who may have not used a safety belt.
Notable contention exists around whether suspending the provisions of R.S. 32:295.1(E) will serve the public interest or instead disproportionately penalize victims of motor vehicle accidents. Critics are concerned about the implications this could have on vulnerable populations who may not have the same capacity to afford safety features or who may be more likely to be injured in such accidents. This resolution thus encapsulates ongoing tensions between individual responsibility and regulatory measures aimed at reducing injury and liability in car accidents.