Staff Analysis of the Legislation
|
This legislation, similar to HB 504, allows the failure to wear a seatbelt to be admissable as evidence in civil actions for the purpose of mitigating damages. Georgia counties are often defendants in cases involving motor vehicle accidents and where plaintiffs argue that an accident was caused by a defect in a county road. This bill simply allows counties, as defendants, to introduce evidence that if a passenger had been wearing a seatbelt, as required by law, he or she may have suffered less extensive injuries. If a jury finds that the failure to wear a seat belt contributed to the occupant's injuries, the jury could reduce the occupant's recovery to the extent that the injuries were caused by the failure to wear the seatbelt. |