HB 1090 / Chamber Supports
The last time seat belt admissibility legislation made it this far was in 2005 when the Indiana General Assembly passed Senate Bill 218, authored by former Sen. Johnny Nugent (R-Lawrenceburg). However, that bill met its demise after Gov. Mitch Daniels’ veto. That measure would have allowed juries to hear whether a victim was wearing a seat belt at the time of a crash and potentially reduced the amount of the victim’s financial award based on that information. Governor Daniels vetoed the bill, in part, because it capped the award reduction at 4%.
After 19 years of sustained effort, the House Roads and Transportation Committee last week unanimously passed House Bill 1090, Transportation Matters, which includes similar language to the 2005 legislation (sans the reduction cap). The committee amended the introduced version of the bill in two significant ways: (1) evidence of seat belt use is only admissible for occupants over the age of 14, and (2) evidence of seat belt use “may” (rather than “must”) be admitted.
Arguably, the bill fared better this year because the relevant provisions were included in the Indiana Department of Transportation agency bill. This strategy was cultivated by a Chamber-led coalition of stakeholders that met numerous times throughout the summer.
Another possible reason for the bill’s success thus far is that the times have changed. Indiana’s seat belt laws were codified in the 1980’s when 20% of drivers wore them. So it is understandable that the popular opinion was that evidence of seat belt use should not be a factor at trial. Now, more than 92% of Hoosiers wear seat belts. Popular opinion should be, at least, that juries receive relevant information about whether someone was following a law with which nearly everyone in the state complies.
From an employer’s perspective, we understand that accidents happen, which is why we have insurance that covers our drivers. The point is, costs of accidents increase exponentially when the victim is not buckled, which results in higher awards – costs that are ultimately passed to consumers.
If HB 1090 passes, the only thing that changes is that juries will have access to information that could potentially reduce these awards and costs.
UPDATE: The bill passed third reading 85-12 on Monday.
