SB 321
Allows evidence of failure to wear a seatbelt for comparative negligence or to mitigate damages in actions for damages
LR Number:
Last Action:
3/16/2017 - Hearing Conducted S Transportation, Infrastructure and Public Safety Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2017

Current Bill Summary

SB 321 - Under current law in any civil action to recover damages, failure to wear a safety belt is not allowed as evidence of comparative negligence, but may be introduced to mitigate damages. This act provides that failure to wear a safety belt or misuse of a safety belt by any passenger in the car shall be considered evidence of comparative negligence. If the judge or jury finds that the plaintiff's failure to wear a safety belt or misuse of a safety belt contributed to the plaintiff's claimed injuries, then the judge or jury may reduce the amount of the plaintiff's recovery by any amount.

The act also changes the definition of the term "passenger car" to mean every motor vehicle designed for carrying fifteen persons or less, rather than ten persons or less.

This act is similar to HB 881 (2017).