Indiana Motion in Limine to Prevent Reference to Seat Belt Use

State:
Multi-State
Control #:
US-MOT-01416
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Motion In Limine to Prevent Reference to Seat Belt Use. It may be possible to exclude testimony on seatbelt use or lack thereof in an auto accident case. This motion allows the judge to rule on the issue prior to the jury being present.
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FAQ

Some people have been saved from death in certain kinds of accidents only because a seat belt was not used. In those cases, the malicious nature of seat-belt laws is further revealed: such persons are subject to fines for not dying in the accident while using a so-called safety device arbitrarily chosen by politicians.

Hear this out loud PauseCalifornia. In California, the seat belt laws apply to drivers and passengers aged 16 and older in all seats.

Accidents that cause injury might also be prevented when the driver or passenger is wearing a seatbelt. Prevention of bodily harm has become paramount when driving. Many accidents cause fatalities and serious damage to the person when seatbelts are not worn.

Hear this out loud PauseIf any occupant is caught not wearing a proper restraint, you can be fined $25 for a first offense. Failing to wear a seat belt is considered a Class D infraction. Although you can be fined, you will generally not receive demerit points on your driving record.

Hear this out loud PauseThese arguments are: (1) The belt can cause injuries; (2) the belt constitutes an obstacle to maneuvering the vehicle easily and smoothly; (3) it is dangerous to sit fastened in a car if it should catch fire or sink into a lake; (4) in case of a collision it is better to be thrown out of the car than to be belted-in; ( ...

Hear this out loud PauseIndiana Motions in Limine covers critical evidence motions that, if granted, can end a case early. The text covers issues such as excluding expert opinions, scientific tests, and improper discovery.

Other reasons people gave for not wearing their seat belts include the following: Being in a hurry and not having time to buckle up. Light traffic on the roads when respondent drives. Not wanting to get clothing wrinkled.

In many cases, the fibers of the seat belt can cause harm to the chest and abdominal areas. It may also cause more serious damage to the internal organs like tearing of the colon or diaphragm. In some cases the lumbar vertebrae may even be fractured or dislocated.

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Indiana Motion in Limine to Prevent Reference to Seat Belt Use