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ID H0457
Bill
Status
3/28/2014
Primary Sponsor
Judiciary, Rules and Administration Committee
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AI Summary
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Adds new Section 6-1608 to allow evidence of failure to wear a safety restraint in civil actions, but only if the respondent proves by clear and convincing evidence that the failure was a contributing cause of the specific injury or damage claimed.
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Restricts use of safety restraint evidence to damages apportionment only, not for determining comparative fault under Section 6-801.
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Requires a pretrial motion and hearing before a defendant can amend pleadings to include the safety restraint defense, with the court determining if there is reasonable likelihood of proving facts to support damages apportionment.
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Prohibits safety restraint failure evidence in uninsured and underinsured motorist coverage claims and in civil actions for damages on behalf of minors not old enough for driver's training.
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Removes the blanket prohibition on using safety restraint failure evidence in negligence civil actions that previously existed under Section 49-673.
Legislative Description
Amends and adds to existing law to establish provisions relating to evidence of the failure to wear a safety restraint; and to remove language providing that the failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence nor shall such failure be admissible as evidence in any civil action with regard to negligence.
SAFETY RESTRAINT EVIDENCE
Last Action
Reported Signed by Governor on March 28, 2014 Session Law Chapter 320 Effective: 07/01/2014
3/28/2014