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))