GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    4

HOUSE BILL 850

Committee Substitute Favorable 6/2/11
Third Edition Engrossed 6/3/11
Corrected Copy 6/6/11

 

Short Title:        The Baucum-Reynolds Safe Roads Act.

(Public)

Sponsors:

 

Referred to:

 

April 7, 2011

 

A BILL TO BE ENTITLED

AN ACT to create a permissive inference of proximate cause for the use of a mobile phone when involved in a reportable crash.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20-137.4B.  Mobile phone use in a crash; permissive inference.

In a civil action for damages resulting from a reportable crash resulting in death or serious injury, if the trier of fact finds that a mobile phone or additional technology, as those terms are defined in G.S. 20-137.3, was in use by a driver at the time of the reportable crash, the trier of fact may infer that the use of the mobile phone or additional technology was a proximate cause of the reportable crash."

SECTION 2.  This act becomes effective October 1, 2011, and applies to causes of action arising on or after that date.