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AJC.com > Legislature > Blog > Archives > 2009 > February > 25 > Entry
DEL.ICIO.USFailure to wear a seat belt could be used against you
The Atlanta Journal-Constitution
Failure to wear a seat belt could be used against an injured motorist in court, according to a bill that passed the Senate Wednesday.
Senate Bill 23, which passed 39 to 12, allows juries to hear about seat belt use in determining negligence in civil lawsuits.
A part of the bill that would have required seat belt usage in pickup trucks in Georgia was removed.
Sen. Seth Harp (R-Midland) spoke in favor of the truck seat belt language, saying such a requirement has historically had a hard time passing in the House of Representatives. Including the pickup truck language in this bill might “give it some legs” in the House, Harp said.
But the language was removed.
In a letter to senators, the Association of County Commissioners of Georgia supported introducing seat belt usage into evidence, saying counties are often defendants in cases involving accidents where people argue that a defect in a county road was the cause.
The bill allows counties to argue back that the motorist wouldn’t have been as severely injured if they had worn a seat belt.
The Georgia Chamber of Commerce gave talking points to senators, saying the bill would encourage seat belt use. In turn, more seat belt use could save insurance companies $55.8 million per year because injuries sustained while wearing a seat belt are less expensive to treat, according to the chamber.
Bill sponsor Sen. Lee Hawkins (R-Gainesville), a dentist, said his purpose was to encourage seat belt use.
“I want to do everything I can to influence people to wear seat belts,” he said.
Sen. John Wiles (R-Marietta), said he thought it was only fair to allow juries to hear about seat belt use, since they can now hear about distractions, such as if a motorist was applying make-up while driving.
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