Thursday, February 05, 2009
The Georgia Chamber of Commerce, representing over 4,000 businesses throughout the state, strongly supports legislation sponsored by Senator Lee Hawkins (SB 23) and Representative Harry Geisinger (HB 200) to permit the admissibility of seat belt use in a legal proceeding. Seat belt use in passenger vehicles has risen steadily in this country over the years and has been accompanied by a steady decline in fatalities (measured by per mile traveled). In 2006, seat belts saved an estimated 15,383 lives nationally and research demonstrates that the use of seat belts reduces the risk of fatal injury to front-seat passengers by 45 percent. Unfortunately, there are still people who refuse to follow the law and buckle up. This not only costs lives, but also has a real economic impact. Failure to wear seat belts in the United States translates to an estimated 7.3 million lost workdays and an associated $566 million in lost wages and $1.25 billion in work-place costs attributable to injuries sustained for lack of seat belt use. On average, in-patient hospital care costs for an unbelted crash victim are 50% higher than those for a belted crash victim. Often, those costs are borne by taxpayers through government-run health programs like Medicaid. It's no wonder governments make it a priority for drivers to buckle up. Twenty-six states, including Georgia, now have "primary enforcement" seat belt laws which allow law enforcement to pull a driver over for simply suspicion of not wearing a seat belt. Federal and state governments collectively spend millions of dollars in advertising annual "click-it or ticket" campaigns to encourage greater use of seat belts. Yet, despite all of this effort and evidence, when someone is involved in any of the hundreds of thousands of vehicle accidents that occur every year in Georgia, the evidence of seat belt use is not admissible into a legal proceeding resulting from a crash. This means that despite all the efforts by law enforcement to encourage seat belt use by ticketing and fining drivers who ignore this law, when a claim reaches the courtroom, judges and juries are required to ignore this law and the potential contribution to injuries and medical costs. Our legal system places confidence in our judges and juries to weigh evidence and render a fair decision. That is why circumstances such as excessive speed of the vehicle, blood alcohol levels, reckless driving or other evidence are admitted as contributing factors to an accident and resulting damage. To expressly prevent the admissibility of seat belt use is illogical and should be changed. Operation of a motor vehicle is a privilege that carries responsibility. Abdication of that responsibility can cause enormous personal and societal costs. Simply allowing for the admissibility of seat belt use evidence does nothing to relieve a defendant of the ultimate responsibility for a vehicle accident; it simply allows a judge or jury to consider whether that evidence contributed to injuries or costs and make a decision that considers all the facts. SB 23 is set for hearing before the Senate Judiciary Committee on Thursday, February 4, 2009.
