CHARLESTON, W.Va. — One of the nine or so legal reform measures expected to come up before the legislature this coming session has to do with seatbelts.
West Virginia and most states don’t allow a civil jury to hear whether or not a person injured in a car crash was wearing their seatbelt. That must change, according to American Tort Reform Association (ATRA) lobbyist Greg Thomas.
“It just needs to be fair,” Thomas said. “The jury needs to know all of the information.”
But the group representing trial lawyers in the state, the West Virginia Association for Justice, says the state already deals with the issue.
“The current law is that we deal with it on mitigation at the end (of trial) with the judge,” WVAJ Legislative Chairman Anthony Majestro said. “The legislature, wisely and ahead of most of the other states, has said, ‘we’re going to take five percent off your judgment if your not wearing your seatbelt,’ we believe that’s enough.”
Thomas said the seatbelt reform measure is an opportunity for West Virginia to be a leader in that area of reform.
“A lot of states haven’t done anything. We’re trying to bring our state into the top half,” he said.
The legislature probably should concentrate on more pressing issues, according to Majestro.
“I think this is an issue we can afford to leave alone and focus on the budget deficit, increasing jobs, infrastructure, education, all of those things that are probably a whole lot more important than saving a billion dollar insurance company a few dollars on a judgment,” he said.
The Republican-controlled legislature has passed 17 tort reform measures in the past two years.
The legislature’s 60-day regular session begins Feb. 8.