The House Civil Law Committee has approved a bill that says if police determine a driver is 51% or more at fault for an accident, that driver cannot recover damages for injuries suffered in the wreck. The bill’s author, Baton Rouge Republican Emily Chenevert, says you should not be able to collect damages if the accident is mostly your fault.
“Our laws allow for someone to get a payout, even when they are at fault. I believe this needs to be changed. And we need to come in line with 34 other states that have the same measure,” Chenevert said.
The bill passed along party lines on an 11-4 vote. Plaquemine Representative Chad Brown voted against it, because if a plaintiff who is mostly at fault for an accident can’t recover damages, then a defendant who is mostly at fault should have to pay 100% of the damages.
“There’s a double standard here, that the plaintiff is going to get zeroed if he’s 51% at fault. The defendant, if he’s 51%, only has to pay 51%,” Brown explained.
Defense Attorney Sidney Degan argued the proposed legislation could reduce the amount of dollars awarded in a multi-vehicle wreck, which would help reduce rates and frivolous lawsuits.
“You go to the people, and you tell them that you’re not going to be able to recover, you’re not going to be able to take advantage of the system. If you are responsible for the accident, you are not going to be rewarded for your own negligence and fault,” Degan said.
The measure heads to the House floor and it has the support of Insurance Commissioner Tim Temple.
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