I am preparing to introduce legislation that will modernize Pennsylvania’s vehicle safety laws by repealing the so-called “seat belt gag rule.” This rule currently prohibits courts from considering whether a person was wearing a seat belt at the time of a motor vehicle accident in civil proceedings.

Under current law, even if a plaintiff’s failure to wear a seat belt clearly contributed to the severity of their injuries, that fact cannot be presented to a jury. This restriction undermines the principles of comparative negligence and prevents jurors from evaluating all relevant facts when determining liability and damages.

The Seat Belt Evidence Admissibility Act will amend Title 75 to allow courts to admit evidence of seat belt non-use in civil cases for the purposes of:
  • Determining comparative or contributory negligence
  • Establishing causation of injuries
  • Evaluating failure to mitigate damages
  • Any other relevant purpose as determined by the court
This legislation does not mandate that seat belt non-use be considered dispositive, but rather empowers courts and juries to weigh it appropriately—just as they would with any other factor that may have contributed to an injury.

As seat belt usage continues to be one of the most effective ways to reduce injury and death on our roadways, it is time that our civil justice system reflects that reality.

I invite you to join me in co-sponsoring this commonsense reform to ensure fairness in our courts and accountability on our roads.