Provides relative to safety belts. (8/1/20)
The proposed amendment allows for the failure to wear a safety belt to be considered as evidence of comparative negligence. This means that if individuals involved in a vehicle accident did not wear their safety belts, this could be used against them to reduce the amount of damages they may recover in a lawsuit. By changing the legal framework around safety belt use and its implications in civil liability, this bill significantly impacts how traffic accident cases are adjudicated in Louisiana.
Senate Bill 12, introduced by Senator Hewitt, aims to amend the existing statutes surrounding safety belt use in motor vehicles. The bill proposes changes to the provisions related to the failure to wear safety belts, specifically regarding their admissibility as evidence in negligence claims. This bill seeks to alter the current law, which prohibits the consideration of a person's failure to wear a safety belt when determining comparative negligence in car accident cases.
General sentiment around SB12 appears to be focused on the importance of encouraging safety belt usage while balancing the implications for individuals involved in vehicle accidents. Proponents of the bill may argue that it incentivizes safer behavior and individual responsibility when it comes to wearing safety belts. However, there may be concern among some advocacy groups regarding potential fairness and the implications for victims of accidents who may now face decreased recovery due to their safety belt usage at the time of the incident.
The central point of contention surrounding SB12 involves the fairness of allowing failure to wear a safety belt to influence a court's decision on damages in personal injury lawsuits. Critics might argue that this change penalizes individuals post-accident, potentially limiting their recovery based on decisions made under duress during an accident. Proponents, however, may maintain that this reflects a necessary evolution of personal accountability and emphasizes the importance of safety measures in reducing injury severity during vehicle collisions.