What does Louisiana law state regarding the failure to wear a seatbelt in relation to negligence?

Louisiana law stipulates that the failure to wear a seatbelt is not considered evidence of comparative negligence. This means that an individual’s choice not to wear a seatbelt cannot be used against them to reduce the amount of damages they might recover in an accident claim. In comparison, evidence of comparative negligence would imply that if a party contributed to their own damages through their actions, they might be found partially at fault, which could diminish the compensation awarded.

Understanding that the failure to wear a seatbelt is not seen as comparative negligence is crucial for evaluating liability and damages in personal injury cases within the state. This legal principle underscores the importance of focusing on the actions of the parties involved in the incident, rather than penalizing an individual for not wearing a seatbelt when assessing liability in accidents. Consequently, this provision aims to protect individuals from being unduly punished in terms of recovery simply due to their seatbelt use choices.