House
File
2412
-
Introduced
HOUSE
FILE
2412
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
530)
(SUCCESSOR
TO
HSB
106)
(COMPANION
TO
SF
2135
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
the
failure
to
wear
a
motor
vehicle
safety
1
belt
or
safety
harness.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2337HZ
(2)
87
ns/rh
H.F.
2412
Section
1.
Section
321.445,
subsection
4,
paragraph
b,
1
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
2
(2)
If
the
evidence
supports
such
a
finding,
the
trier
of
3
fact
may
find
that
the
plaintiff’s
failure
to
wear
a
safety
4
belt
or
safety
harness
in
violation
of
this
section
contributed
5
to
the
plaintiff’s
claimed
injury
or
injuries,
and
may
reduce
6
the
amount
of
plaintiff’s
recovery
by
an
amount
not
to
exceed
7
five
twenty-five
percent
of
the
damages
awarded
after
any
8
reductions
for
comparative
fault.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
Under
current
law,
evidence
of
failure
to
wear
a
motor
13
vehicle
safety
belt
or
safety
harness
as
required
by
Code
14
section
321.445(2)
may
be
used
to
mitigate
damages
in
a
civil
15
case
upon
a
showing
of
substantial
evidence
that
the
failure
16
to
wear
a
safety
belt
or
safety
harness
contributed
to
the
17
injuries
claimed.
In
addition,
current
law
provides
that
the
18
maximum
amount
which
damages
may
be
reduced
for
failure
to
wear
19
a
motor
vehicle
safety
belt
or
safety
harness
is
5
percent
of
20
the
damages
awarded.
This
bill
increases
the
amount
damages
21
may
be
reduced
to
25
percent
of
the
damages
awarded.
22
-1-
LSB
2337HZ
(2)
87
ns/rh
1/
1