Untitled Texas Attorney General Opinion ( 1985 )

The Attorney General 6f Texas
JIM MATTOX December 31, 1985
Attorney General
Supreme Court Building Honorable Gibson II. (Gib) Lewis Opinion No. JM-419
P. 0. BOX 12549 Speaker
Austin, TX. 7071% 2549 Texas House of Relwesentatives Re: Whether a physician who
512/475-2501 P. 0. Box 2910 grants to an individual a medical
Telex Qlo/a74-1367
Telecopier 51214750266
Austin, Texas 7fi769 exemption from wearing a seat
belt under article 6701d, section
107c, V.T.C.S., may be liable in
714 Jackson, suite 700 the event of injury
Dallas, TX. 752024506
2141742-9944
Dear Speaker Lawis;:
4924 Alberta Ave., Suite 160 You ask sewral questions about the new seat belt law. Acts
El Paso, TX. 799052793 1985, 69th Leg., <:h. 804, at 6062 (to be codified at art. 6701d.
915/5333484 §107C, V.T.C.S.). The law provides that, as a general rule, persons
riding in the frcsnt seat of a passenger car must wear a seat belt.
/-,
01 Texas. Suite 7M) The law takes intcmaccount, however, the possibility that a person may
Houston, TX. 77002-3111 not be able to wsr a seat belt for medical reasons by providing as
7131223-5886 follows:
(f) . . . [The seat'belt requirement] does not
808 Broadway, Suite 312
Lubbock, TX. 79401-347s
apply tu a person who possesses a written state-
SW47-5238 ment frlnn a licensed physician stating that for
medical treasons the person is unable to wear a
safety telt.
4309 N. Tenth. Suite B
McAllen, TX. 79501-1885
5121992-4547 (g) It is a defense to prosecution . . . that
the perwn presents to the court, not later than
the IOil day after the date of the offense, a
2M) Main Plaza, Suite 4W statement from a licensed physician stating that
San Antonio, TX. 79205.2797
for medical reasons the person is unable to wear a
512,225-4191
safety belt.
An Equal OpportunityI V.T.C.S. art. 6701d, §107C(f) and (g). You ask the following
Affirmative Action Employer questions in regard to those provisions:
1. If a person who wears no seat belt is
injured in an auto accident, does the physician
who isswd the person a medical exemption letter
face any civil liability?
2. If so, will a release from liability,
signed lqr the person seeking the exemption, be
sufficient to protect the physician from liability
p. 1913
.
Honorable Gibson D. (Gib) Lewis - Page 2 (JM-419)
connected with tinauto injury where the failure of
the parson to w(!ara seat belt becomas an issue?
Article 6701d, sactl3n 107C. does not contain any provision
providing for immunity E:com civil liability for a physician who
provides a written statemc!ntthat a person cannot wear a seat belt for
medical reasons. The stBl:ute does, however, contain the following
provision:
Use or nonuse of a safety belt is not
admissible evidence in a civil trial.
V.T.C.S. art. 6701d, §107C(j). As a practical matter, this rule would
make it extremely difficult for a person to prove a claim of negli-
gence against a physician who had provided a statement of medical
exemption.
If a person claimed tlat a physician who has provided a statement
of medical exemption was :!iablefor injuries that person suffered in
an automobile accident, the physician's liability would depend on the
plaintiff's ability to pro'rethe elements of negligence. Generally, a
finding of liability baslid on negligence requires proof that the
defendant breached a duty of acting with ordinary care and that such
breach was the proximate cause of injury to the plaintiff. --See Rosas
v. Buddies Food Store, 5111 S.W.2d 534, 536 (Tex. 1975); Lumpkins v.
Thoqtpson.553 S.W.2d 949, !I52 (Tex. Cfv. App. - Amarillo 1977, writ
ref d n.r.e.). Questions of failure to exercise ordinary care and
questions of proximate cause are generally questions of fact to be
answered by a jury. --Blank.6v. Southland Hotel, 229 S.W.2d 357, 361
(Tex. 1950); Clark v. Wawner,
-- 452 S.W.2d 437, 440 (Tex. 1970).
Pour second question is whether a release from the person seeking
the exemption would protect:a physician from liability. The validity
of a release depends on the circumstances surrounding the particular
release. See Atkins V. WorS,le,300 S.W.2d 688, 703 (Tex. Civ. App. -
Dallas 195rwrit ref'd n.17x). Therefore, we cannot give a defini-
tive response to your question.
SUMMARY
The law does not explicitly make physicians
immune from liability for negligence In providing
a person a statement of exemption from the manda-
tosy seat belt law. The validity of a release
depends on the drcumstances of the particular
case.
%Jzou$(&
JIM MATTOX
Attorney General of Texas
p. 1914
Honorable Gibson D. (Gib) Lewis - Page 3 (m-419)
JACK HIGH'fOWER
First Assistant Attorney Gmeral
NARY KELLER
Executive Assistant Attorne:yGeneral
ROBERT GRAY
Special Assistant Attorney fGenera1
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
p. 1915