West Virginia House Bill HB2809

West Virginia 2022 Regular Session

• Introduced: 1/12/22
• Refer: 1/12/22

Caption

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

Impact

The passage of HB2809 will significantly impact how courts handle evidence in civil cases arising from vehicle accidents. Specifically, the bill allows for the introduction of a vehicle occupant's safety belt usage as evidence, potentially affecting the outcome of cases where the occupant's negligence comes into question. Additionally, the legislation reverses prior court decisions that enforced the notion that a passenger's safety belt use was irrelevant to determining fault or damages.

Summary

House Bill 2809 seeks to amend the West Virginia code concerning the admissibility of safety belt use or nonuse in civil actions. The bill stipulates that the use of safety belts by drivers and passengers will be considered in cases of negligence, contributory negligence, and comparative negligence. Previously, the common law ruled that the failure to wear a safety belt could not be construed as a violation of reasonable care, but this bill aims to change that dynamic, making safety belt usage relevant in civil litigation regarding damages.

Sentiment

The sentiment surrounding this bill appears to be mixed among legislators and legal experts. Proponents argue that the bill could reduce the amount of negligent driving by promoting safety belt usage, thus fostering safer driving environments. Conversely, critics voice concerns that this could lead to unfair blame being placed on injured parties for failing to use safety belts, thus complicating the pursuit of justice in civil actions.

Contention

Notable points of contention revolve around the potential for statutory changes to disproportionately penalize injured parties who might not have worn seatbelts in an accident. Critics fear this might lead to a culture of blame directed at victims rather than focusing on the driver's liability and other contributing factors to accidents. Furthermore, the lack of court costs associated with safety belt violations might be a contentious aspect for some legislators who prefer a more comprehensive approach to public safety laws.