Allow compliance with seat belt laws to be considered in determining damages for injuries.
Impact
The modification proposed in HB 1078 (amending § 32-38-4) stipulates that while not adhering to seat belt laws cannot be used as a defense against contributory negligence or assumption of risk in criminal matters, it can nonetheless be introduced as evidence in civil lawsuits. This change means that failure to wear a seat belt could be seen as a factor in reducing liability or damages awarded, which fundamentally alters how personal injury cases will be prosecuted and defended in South Dakota.
Summary
House Bill 1078 seeks to amend the existing statutory language regarding the impact of seat belt compliance on civil litigation outcomes in South Dakota. Specifically, the bill allows compliance with seat belt laws to be considered when determining damages in personal injury cases. This represents a legal shift aimed at influencing how juries assess damages in accidents involving non-compliance with seat belt regulations, potentially affecting settlements and awarded damages in personal injury claims.
Contention
While supporters might argue that this bill will promote greater adherence to seat belt laws, potentially leading to safer driving habits and reductions in injuries, opponents may view it as an unfair burden on injured parties. Critics could argue that this legislative change might penalize victims who were not wearing a seat belt during an accident, regardless of other contributing factors that led to their injuries. This concern suggests a deeper discussion about equity and justice within the civil liability framework and the ethics of burdening victims for non-compliance with safety regulations.