The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 9 Engrossed 2020 First Extraordinary Session Hewitt
Present law prohibits consideration of the failure to wear a safety belt in violation of law as evidence
of comparative negligence in any action to recover damages arising out of the ownership, common
maintenance, or operation of a motor vehicle.
Present law prohibits admission of the failure to wear a safety belt in violation of law to mitigate
damages.
Proposed law removes prohibition of the admission of the failure to wear safety belts to mitigate
damages.
Proposed law provides that in any action to recover damages arising out of the ownership, common
maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation of present law
may be considered evidence of comparative negligence, except when the tortfeaser is found to have
been a distracted driver, or charged with a violation of present law (R.S. 14:98) or an ordinance of
a political subdivision prohibiting operation of any vehicle or means of transportation or conveyance
while intoxicated, impaired, or while under the influence of alcohol, drugs, or any controlled
dangerous substance.
Proposed law provides that if a party proves by a preponderance of the evidence that the injured
person failed to wear a safety belt in violation of present law at the time the injury occurred, any
damages awarded to that person shall be reduced by 10% of the total damages awarded to that
person.
Effective January 1, 2021.
(Amends R.S. 32:295.1(E))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Removes repealer of present law.
2. Provides that in any action to recover damages arising out of the ownership, common
maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation
of present law may be considered evidence of comparative negligence, except when
the tortfeaser is found to have been a distracted driver, or charged with a violation of
present law (R.S. 14:98) or an ordinance of a political subdivision prohibiting operation of any vehicle or means of transportation or conveyance while intoxicated,
impaired, or while under the influence of alcohol, drugs, or any controlled dangerous
substance.
3. Provides that if a party proves by a preponderance of the evidence that the injured
person failed to wear a safety belt in violation of present law at the time the injury
occurred, any damages awarded to that person shall be reduced by 10% of the total
damages awarded to that person.