HLS 20RS-677 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 256
BY REPRESENTATIVE MCFARLAND
MTR VEHICLE/SEAT BELTS: Provides relative to evidence of failure to wear a safety
belt
1 AN ACT
2To amend and reenact R.S. 32:295.1(E), relative to the requirement to wear safety belts
3 while operating a motor vehicle; to provide for the introduction of evidence of the
4 failure to wear a safety belt under certain circumstances; and to provide for related
5 matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:295.1(E) is hereby amended and reenacted to read as follows:
8 ยง295.1. Safety belt use; tags indicating exemption
9 * * *
10 E. In any action to recover damages arising out of the ownership, common
11 maintenance, or operation of a motor vehicle, failure to wear a safety belt in
12 violation of this Section shall not be considered evidence of comparative negligence.
13 Failure to wear a safety belt in violation of this Section shall not be admitted to
14 mitigate damages.
15 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-677 ORIGINAL
HB NO. 256
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 256 Original 2020 Regular Session McFarland
Abstract: Authorizes the introduction of evidence of failure to wear a safety belt in order
to establish comparative negligence or to mitigate damages.
Present law requires that each driver and passenger of a passenger car, van, sports utility
vehicle, or truck having a gross weight of 10,000 pounds or less, have a safety belt properly
fastened about his or her body at all times when the vehicle is in forward motion.
Present law provides certain exceptions to the present law requirement of wearing a seatbelt
under certain circumstances, including exceptions for cars, vans, sports utility vehicles, or
pickups manufactured prior to January 1, 1981, farm vehicles, rural letter carriers, utility
workers, and occupants with physical or mental disabilities.
Proposed law retains present law.
Present law provides that the failure to wear a safety belt in violation of present law shall not
be admitted to mitigate damages in any action to recover damages arising out of the
ownership, common maintenance, or operation of a motor vehicle, and that failure to wear
a safety belt in violation of present law shall not be considered evidence of comparative
negligence.
Proposed law changes present law by providing for the introduction of evidence of failure
to wear a safety belt in order to establish comparative negligence or to mitigate damages.
(Amends R.S. 32:295.1(E))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.