(1) In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party�s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled.
(2) Subsection (1) of this section shall not apply to:
(a) Actions brought under ORS 30.900 to 30.920; or
(b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]
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