West Virginia 2024 Regular Session

West Virginia House Bill HB4013

Introduced
1/10/24  

Caption

Relating to admissibility of certain evidence in a civil action for damages

Impact

If enacted, HB 4013 would significantly alter how courts consider safety belt usage in negligence cases. By allowing the use or nonuse of safety belts to impact assessments of fault and damages, the bill could incentivize better compliance with safety regulations and potentially reduce injury claims arising from accidents. This legislative change serves both public safety interests and the economic interests of insurance companies, as it could lead to lower payout rates in cases where safety belt nonuse is established as a contributor to damages.

Summary

House Bill 4013 aims to amend the Code of West Virginia regarding the admissibility of evidence concerning the use or nonuse of safety belts in civil actions for damages. The bill proposes that evidence of whether a passenger or driver used a safety belt can be utilized to determine fault, contributory negligence, and the mitigation of damages. This measure seeks to establish a clearer legal framework for evaluating personal injury claims arising from automobile accidents in which safety belt usage is a factor, effectively abrogating existing common-law precedent that prohibited such evidentiary admissions.

Sentiment

The sentiment surrounding HB 4013 is generally supportive among proponents who believe that accountability for safety practices should be reflected in legal consequences. Advocates argue that the bill encourages greater safety compliance among drivers and passengers, contributing to overall public safety on the roads. However, some concerns have been raised about potential inequities introduced by the new provisions, particularly regarding how such admissions might unfairly impact vulnerable populations or passengers who may have legitimate reasons for not being restrained.

Contention

Notable points of contention include the implications of allowing such evidence in court, which some critics argue could unfairly bias juries against plaintiffs who were not wearing safety belts at the time of an accident. The bill also aligns with previous judicial opinions, effectively overturning major legal precedents established by the West Virginia Supreme Court. Proponents of the bill emphasize the need for consistency in legal interpretation surrounding negligence and safety regulations, while opponents advocate for preserving the existing legal standards that protect individuals in civil actions.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2154

Relating to admissibility of certain evidence in a civil action for damages

WV HB3270

To amend the deliberate intent statute to limit noneconomic damages to $500,000

WV SCR22

Requesting study on need for awarding attorney's fees and recovering damages in civil tort actions

WV HB2984

Relating to establishing a program for camera assisted speed enforcement in active school zones in this state

WV HB2880

Relating to the Waiving of Certain DMV Fees for Volunteer Firefighters

WV SB572

Reforming cause of action for public nuisance

WV SB254

Relating generally to mandatory state inspection of certain motor vehicles

WV HB2957

Create camera assisted enforcement of speeding in active work zones

WV HB2569

Establishing the Motorsport Responsibility Act

WV HB2527

Relating to revising the criminal code generally

Similar Bills

No similar bills found.