The PA Motor Truck Association (PMTA) continues to work with PA lawmakers to have legislation introduced to amend current law that prevents consideration of the truth about seat belt non-usage when unrestrained occupants injured in crashes file a lawsuit. Under current law, Pennsylvania jurors are asked to render verdicts in lawsuits arising from motor vehicle accidents and are prohibited from hearing evidence that a vehicle occupant had failed to "buckle up". Jurors consequently cannot assess whether a person's refusal to wear a seat belt caused the occupant's injuries. This statute amounts to a "gag rule" preventing the disclosure and discussion of important evidence.

Current Pennsylvania law requires all vehicle occupants to "buckle up". Since 1987, Pennsylvania has mandated all motor vehicle drivers, front seat passengers, and all occupants under the age of 18 to wear a seat belt.

Legislation is needed to allow Pennsylvania jurors to hear and act on the whole truth, so that they may decide based upon complete evidence an unbelted motorist should receive. Fairness demands that a reckless few should not escape accountability for violating Pennsylvania's mandatory seat belt use law and failing to protect themselves. Current law prevents consideration of the truth about seat belt non-usage when unrestrained occupants file a lawsuit.  

The legislation PMTA is seeking to have introduced and ultimately passed would remove the seat belt gag rule and allow jurors to evaluate evidence of a plaintiff's non-use or misuse within the full context of the accident circumstances. The legislation PMTA is advocating eliminates the seat belt gag rule in civil lawsuits, replacing it with a provision indicating that evidence of seat belt non-use or misuse may be considered in any civil case for assessing negligence, assumption of risk, injury causation, failure to mitigate damages, or other relevant purposes determined by a court  PMTA is currently seeking sponsors for this important legislation. If successful, this will be the first major step in bringing about lawsuit abuse reform and protecting the trucking industry in Pennsylvania.