Kansas Motion in Limine to Prevent Reference to Seat Belt Use

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

Anyone not wearing a seatbelt is subject to inertia (Newton's First Law of Motion which states that an object at rest or in motion will tend to remain at rest or in motion until acted upon by an external force), and so will continue to travel forward in the original direction of motion.

If the car were to abruptly stop and the seat belts were not being worn, then the passengers in motion would continue in motion. Assuming a negligible amount of friction between the passengers and the seats, the passengers would likely be propelled from the car and be hurled into the air.

The Kansas law enables police officers to stop and ticket the driver of any passenger vehicle if either the driver or front seat passenger is observed not wearing a seat belt. This law also applies to anyone under age 18. Passengers in the back seat may be cited only when there is another citable offense at the time.

Why belts matter. Lap and shoulder belts prevent ejection from the vehicle and keep people from colliding with the vehicle interior during a crash. They are also designed to manage forces on the body.

If the car were to abruptly stop and the seat belts were not being worn, then the passengers in motion would continue in motion. Assuming a negligible amount of friction between the passengers and the seats, the passengers would likely be propelled from the car and be hurled into the air.

Wearing a seat belt in a car while driving is an example of Newton's 1st law of motion. If an accident occurs or brakes are applied to the car suddenly, the body will tend to continue its inertia and move forward, probably proving fatal.

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Kansas Motion in Limine to Prevent Reference to Seat Belt Use