In recent weeks, Jake Evans and Rep. Alex Atwood have persuasively set forth arguments for and against the admissibility of evidence of a plaintiff’s failure to use a seat belt. (Jake Evans, “Georgia’s Paradox: Seat Belts Required, but Nonuse Is Not Admissible at Trial,” Daily Report online June 8 and in print June 9, 2015; Alex Atwood, “Here’s Why Georgia Law Doesn’t Let Juries Consider Seat Belt Use,” Daily Report online June 10 and in print June 12, 2015.)
Having researched and written about this issue also (see Jacob E. Daly, “The Seat-Belt Defense in Georgia,” 65 Mercer L. Rev. 19 (2013)), my opinion is that Atwood’s concerns are unfounded and that the General Assembly should reinstate the seat belt defense.
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