AB 81

This bill eliminates the cap on the amount that recovery for injuries or damages

may be reduced for failure to wear a safety belt.

Under current law, evidence of whether an individual complied with the

requirement to wear a safety belt for the operator of the motor vehicle and passengers

is admissible in a civil action for injuries or damages resulting from the use or

operation of a motor vehicle. If the individual failed to wear a safety belt, the recovery

for injuries or damages may be reduced by the amount determined to be caused by

the failure to wear a safety belt, but the reduction may not be more than 15 percent.

The bill allows the reduction in recovery but eliminates the 15-percent limit.

Under current law and under the bill, the calculation in reduction of recovery for

failure to wear a safety belt does not affect the determination of causal negligence

in the civil action.