Bill Text: WV SB439 | 2021 | Regular Session | Introduced
Bill Title: Allowing use or nonuse of safety belt as admissible evidence in civil actions
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-05-24 - Chapter 2, Acts, Regular Session, 2021 [SB439 Detail]
Download: West_Virginia-2021-SB439-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
Senate Bill 439
By Senator Swope
[Introduced February 24,
2021; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §17C-15-49 of the Code of West Virginia, 1931, as amended, relating to operation of vehicles with safety belts; allowing admissibility of certain evidence in a civil action for damages; changing definition of “passenger vehicle” for purposes of safety belt requirement; and allowing the admission of the use or nonuse of a safety belt on the issues of negligence, contributory negligence, comparative negligence, and failure to mitigate damages.
Be it enacted by the Legislature of West Virginia:
ARTICLE 15. EQUIPMENT.
§17C-15-49. Operation of vehicles with safety belts; exception; penalty; civil actions; educational program by West Virginia State Police.
(a) A person may not
operate a passenger vehicle on a public street or highway of this state unless
the person, any passenger in the back seat under 18 years of age, and any
passenger in the front seat of the passenger vehicle is restrained by a safety
belt meeting applicable federal motor vehicle safety standards. For the
purposes of this section, the term “passenger vehicle” means a motor vehicle
which is designed for transporting ten 15 passengers or less,
including the driver, except that the term does not include a motorcycle, a
trailer, or any motor vehicle which is not required on the date of the
enactment of this section under a federal motor vehicle safety standard to be
equipped with a belt system. The provisions of this section apply to all
passenger vehicles manufactured after January 1, 1967, and being 1968 models
and newer.
(b) The required use of
safety belts as provided herein does not apply to a duly appointed or
contracted rural mail carrier of the United States Postal Service who is
actually making mail deliveries or to a passenger or operator with a physically
disabling condition whose physical disability would prevent appropriate
restraint in the safety belt if the condition is duly certified by a physician
who states the nature of the disability as well as the reason the restraint is
inappropriate. The Division of Motor Vehicles shall adopt rules, in accordance
with the provisions of chapter 29A of this code, to establish a method
to certify the physical disability and to require use of an alternative
restraint system where feasible or to waive the requirement for the use of any
restraint system.
(c) Any person who violates the provisions of this section shall be fined $25. No court costs or other fees may be assessed for a violation of this section.
(d) A violation of this
section is not admissible as evidence of negligence or contributory negligence
or comparative negligence in any civil action or proceeding for damages, and is
not admissible in mitigation of damages: Provided, That the court may,
upon motion of the defendant, conduct an in camera hearing to determine whether
an injured party's failure to wear a safety belt was a proximate cause of the
injuries complained of. Upon a finding by the court, the court may then, in a
jury trial, by special interrogatory to the jury, determine: (1) That the
injured party failed to wear a safety belt; and (2) that the failure to wear
the safety belt constituted a failure to mitigate damages. The trier of fact
may reduce the injured party's recovery for medical damages by an amount not to
exceed five percent thereof. In the event the plaintiff stipulates to the
reduction of five percent of medical damages, the court shall make the
calculations and the issue of mitigation of damages for failure to wear a safety
belt may not be presented to the jury. In all cases, the actual computation of
the dollar amount reduction shall be determined by the court
(d) (1) The Legislature declares that the purpose of this subsection is to allow, in any civil action for damages, the admission of evidence of a motor vehicle occupant’s use or nonuse of a safety belt to assess that occupant’s percentage of fault or mitigation of damages, and to abrogate any common-law rule that no violation of the duty of reasonable care may be construed from a passenger vehicle occupant’s failure to wear a safety belt. The Legislature further declares that the decisions of the Supreme Court of Appeals of West Virginia in Wright v. Hanley, Case No. 18609 (W. Va. Dec. 5, 1989), Miller v. Jeffrey, Case No. 30254 (W. Va. Oct. 25, 2002), Estep v. Mike Ferrell Ford Lincoln-Mercury, Inc., Case No. 33810 (W. Va. Dec. 10, 2008), and any other decisions of the Supreme Court of West Virginia inconsistent with this legislation, are contrary to the Legislature’s intent and shall be considered overruled by the enactment of this provision.
(2) The use, misuse or nonuse of a safety belt by any driver or passenger is admissible in any civil action or proceeding for damages as evidence of negligence, contributory negligence, comparative negligence or failure to mitigate damages.
(e) Notwithstanding any other provision of this code to the contrary, no points may be entered on any driver's record maintained by the Division of Motor Vehicles as a result of a violation of this section.
(f) The Governor's Highway Safety Program, in cooperation with the West Virginia State Police and any other state departments or agencies and with county and municipal law-enforcement agencies, shall initiate and conduct an educational program designed to encourage compliance with safety belt usage laws. This program shall be focused on the effectiveness of safety belts, the monetary savings, and the other benefits to the public from usage of safety belts and the requirements and penalties specified in this law.
(g) Nothing contained in
This section abrogates or alters does not abrogate or alter the
provisions of §17C-15-46 of this code relating to the mandatory use of child
passenger safety devices.
NOTE: The purpose of this bill is to allow admission of evidence in a civil action of the use or nonuse of a safety belt on the issues of negligence, contributory negligence, comparative negligence, and failure to mitigate damages.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.