Seat Belt Evidence Bill Introduced in Pennsylvania Senate
Legislation would repeal Pennsylvania’s “seat belt gag rule” and allow relevant evidence to be considered in civil cases.

A common-sense change to Pennsylvania’s civil justice laws is now before the General Assembly.

Sen. Elder Vogel has introduced Senate Bill 1427, the Seat Belt Evidence Admissibility Act, which would repeal Pennsylvania’s current prohibition on using seat-belt evidence in civil lawsuits.

Under current Pennsylvania law, evidence that an individual was not wearing a seat belt generally cannot be introduced in a civil action to establish negligence or contributory negligence. This restriction is often referred to as Pennsylvania’s “seat belt gag rule.”

SB 1427 would change that by allowing evidence of a person’s use, non-use or improper use of a seat belt to be introduced and considered in a civil case. The evidence could be relevant to issues including comparative or contributory negligence, causation, the extent of injuries and failure to mitigate damages.

Why This Matters to the Trucking Industry

For Pennsylvania’s trucking industry, this legislation is about fairness and making sure civil cases are decided on all of the relevant facts.

When a crash occurs, determining what happened and why someone was injured is critical. If an individual was not wearing a seat belt, that fact may be relevant to understanding the cause or severity of their injuries.

Yet under current Pennsylvania law, that evidence can be kept from the jury.

SB 1427 would give juries the ability to hear the evidence and determine what weight it deserves.

Importantly, the bill does not mean that failure to wear a seat belt would automatically make an injured person responsible for a crash or prevent them from recovering damages. It simply ensures that relevant evidence can be presented and considered when determining liability and damages.

Part of the Broader Fight Against Lawsuit Abuse

PMTA has made lawsuit abuse reform a priority because excessive and unfair litigation ultimately affects Pennsylvania businesses, consumers and the cost of doing business.

The ability to present relevant evidence is a fundamental part of a fair civil justice system. Seat-belt use is no different.

PMTA supports Sen. Vogel’s effort to repeal Pennsylvania’s seat belt gag rule and will continue advocating for reforms that promote fairness, accountability and fact-based decisions in Pennsylvania’s civil courts.

PMTA will keep members informed as SB 1427 moves through the legislative process and will provide additional information on how members can support this important reform.