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Kentucky
Motion in Limine to Prevent Reference to Seat Belt Use

Kentucky Motion in Limine to Prevent Reference to Seat Belt Use

Q: What Newton&#039;s law is a driver without a seat belt getting throw out of a car during a collision?

Anyone not wearing a seatbelt is subject to inertia (Newton&#039;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.

Category:

Civil Procedure - Motions - Sample Motions

State:

Multi-State

Control #:

US-MOT-01416

Format:

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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How to fill out Motion In Limine To Prevent Reference To Seat Belt Use?

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FAQ

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.

IN KENTUCKY: Seat belt laws are primary. They cover drivers, as well as passengers aged 8 and older and younger passengers who are more than 57 inches tall, in all seats. Child restraint laws require that all children aged 7 and under be buckled in a car seat or booster seat.

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.

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.

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.

Seat Belt, Child Restraint, and Open Container Offenses FinePotential Immediate License SuspensionFailure to Wear Seat Belts$25. KRS 189.990(26)NoFailure to Use Child Restraint Device in Vehicle$30 ?$50. KRS 189.990(24)-(25)NoPossession of Open Alcohol Beverage Container in a Motor Vehicle$35 ?$100. KRS 189.990(9)(b)No

Kentucky has a primary seatbelt law, meaning drivers can be stopped and cited if anyone in the vehicle is not wearing a seatbelt. Those in violation will be subject to a fine.