Kentucky Motion in Limine to Prevent Reference to Seat Belt Use

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US-MOT-01416
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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.

Title: Kentucky Motion in Liming to Prevent Reference to Seat Belt Use: A Comprehensive Overview Introduction: In Kentucky personal injury cases, the Motion in Liming to Prevent Reference to Seat Belt Use is a crucial legal strategy used by attorneys to restrict the introduction of any evidence or discussions related to the usage or non-usage of seat belts. This motion aims to prevent the defense from using the injured party's failure to wear a seat belt as a means to shift blame or minimize liability. This detailed description will delve into the key aspects of this motion, including its purpose, types, and their implications. 1. Purpose: The primary purpose of a Kentucky Motion in Liming to Prevent Reference to Seat Belt Use is to limit the admission of evidence or any mention regarding the plaintiff's use or non-use of seat belts. It ensures that the jury focuses solely on the negligence or fault of the defendant, rather than being swayed by notions of contributory negligence due to a lack of seat belt usage. 2. Types of Kentucky Motions in Liming to Prevent Reference to Seat Belt Use: a) General Motion: A general motion seeks a blanket restriction on all discussions, evidence, or testimony regarding seat belt use during trial. It aims to create a level playing field by excluding any reference to seat belt usage for both the plaintiff and defendant. b) Specific Motion: A specific motion, on the other hand, involves a more tailored approach. It seeks to prohibit specific evidence or testimony on seat belt use that the defense intends to introduce during the trial. The plaintiff's attorney identifies particular pieces of evidence, such as photographs, witness statements, or expert opinions, aiming to minimize their potential impact on the case. 3. Legal Basis: Kentucky's seat belt evidence exclusion law, as stated in MRS 189.125(4)(c), serves as the key legal basis for filing a Motion in Liming to Prevent Reference to Seat Belt Use. This statute prevents defendants from offering evidence of seat belt non-usage to prove plaintiff's comparative negligence or to reduce damages. 4. Implications and Benefits: Filing a Motion in Liming to Prevent Reference to Seat Belt Use can yield several important benefits, such as: — Leveling the playing field: By eliminating any discussions on seat belt use, the focus remains on the core issues of negligence and liability. — Avoiding bias: The motion prevents potential juror bias that may arise due to misconceptions about seat belt use or contributory negligence. — Strengthening the plaintiff's case: By limiting the defense's ability to introduce seat belt evidence, the plaintiff's attorney can present a more compelling case without distractions. Conclusion: In Kentucky personal injury cases, a Motion in Liming to Prevent Reference to Seat Belt Use acts as a powerful legal tool to ensure a fair trial by restricting all discussions, evidence, or testimony related to seat belt use. By understanding and employing the appropriate type of motion, plaintiffs can eliminate potential biases and focus solely on proving the defendant's negligence.

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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.

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.

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How to fill out Motion In Limine To Prevent Reference To Seat Belt Use? When it comes to drafting a legal form, it's easier to delegate it to the experts. The trial court sustained a motion in limine barring the defendants from ... the use of a seat belt restraint. The appellee argues that the sole cause of ...by E See · 1980 · Cited by 13 — Whereas the motion in limine is based on the trial court's inherent discretion to exclude prejudicial evidence, the motion to suppress is based on the court's ... by JN Bomer · 2002 · Cited by 10 — Most states refuse to let a defendant present evidence of seatbelt nonuse in order to reduce a plaintiff's recovery-often referred to as the "seatbelt defense." ... strike It from the defense pleading. If required therein, or make a motion. In limine seeking to prevent reference at trial to the availability or use of. -4 ... Get sample motions in limine to exclude evidence in personal injury, medical malpractice, and wrongful death lawsuits. by DA Westenberg · 1985 · Cited by 12 — ternatively, he will make a motion seeking to prevent reference at trial to the availability or use of safety belts. In states permitting the safety belt ... The third section will examine the seat belt defense and MULs in the context of broader public policy considerations regarding injury prevention. 1. Background. Evidence of a plaintiff's failure to use a seat belt is not admissible with respect to questions of negligence or damages. Clarkson v. Wright, 483 N.E.2d ... Kentucky's Seatbelt Law. Kentucky state law requires the driver and all passengers to wear a properly fastened seatbelt while the vehicle is moving. Children ...

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Kentucky Motion in Limine to Prevent Reference to Seat Belt Use