Policy Position on Admissibility of Evidence of Non-Use of Safety Belt in Mitigation of Damages

The effectiveness of occupant restraints in reducing deaths, serious injuries and monetary loss has been proven and is widely recognized. Motor vehicle operators involved in crashes with unrestrained operators of other motor vehicles should not be held responsible for losses which occur to such other persons to the extent those losses could reasonably have been avoided or diminished by the use of restraints. AAMVA urges the courts, tribunals, and legislatures of the member jurisdictions to allow the introduction of evidence of failure to wear an occupant restraint as a factor in mitigation of damages arising out of a motor vehicle collision.

[Adopted 1985]