Tennessee § 29-13-119 - Claims by passengers in motor vehicles or watercraft.

§ 29-13-119. Claims by passengers in motor vehicles or watercraft.

Claims for compensation brought under § 29-13-104(1)(B) shall be barred if the victim knew or reasonably should have known that the operator of the motor vehicle or watercraft was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. For purposes of this section, “a drug of abuse” shall mean any intoxicant, marijuana, narcotic drug, or drug that produces stimulating effects on the central nervous system. For purposes of this section and § 29-13-104(1)(B), a rebuttable presumption shall exist that the victim knew or reasonably should have known that the driver was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. The fact that the victim was under the influence of alcohol, a drug of abuse, or both shall not mitigate, excuse or justify the victim's failure to have reasonably known that the operator of the vehicle was under the influence of alcohol, a drug of abuse or both. The rebuttable presumption provisions shall not apply if on the date of the offense the victim was under fourteen (14) years of age, or was at least fourteen (14) years of age but less than eighteen (18) years of age and was riding with a parent, guardian or other person exercising parental control over the victim. Acts 2001, ch. 445, § 2. Compiler's Notes. Former § 29-13-119 (Acts 1996, ch. 984, § 1), concerning statewide public awareness program for the fund, was repealed by Acts 1996, ch. 984, § 2, effective June 30, 1998. Although Acts 2001, ch. 445, § 3 provided that the act, which enacted this section, shall apply to all claims for compensation filed on or after July 1, 2001, the apparent legislative intent was that the act shall apply to all claims filed on or after the effective date of that act, August 27, 2001.