Jack Kramer
Schererville, Lake County, Northwest Indiana, Injury & Malpractice Attorney

So you weren’t wearing your seatbelt when the car crash occurred? What does that mean?

My name is Jack Kramer (jkramer@wkb-law.com) Indiana Personal Injury attorney.

While Indiana requires seat belt use and you can actually get a ticket for not using a seatbelt, in civil litigation when one party is suing another party for injuries because of a car crash, the use or non-use of a seatbelt is generally not admissible. There are certain circumstances in which that may be the case, but generally speaking, it is not evidence that is going to be put before the jury, that a jury is going to be able to determine.

When one party is not using a seatbelt, typically that is the subject of what’s called a Motion in Limine. That is just fancy lawyer speak for meaning a motion that happens before the trial, and we’re going to have a video on Motions in Limine, but it is basically a Motion that happens before the trial when we ask the Judge to exclude or perhaps include certain evidence and typically use or non-use of seatbelt is one that is routinely granted in most situations. Otherwise, there are some limited situations where the use or non-use of a seatbelt may be admissible, so if you are in a car crash and you haven’t used your seatbelt,that does not necessarily mean that it is a detriment to your case.

Jack A. Kramer
Westland Kramer & Bennett, P.C.
141 West Lincoln Highway
Second Floor
Schererville, Indiana 46375

Telephone: 219-440-7550
Email: jkramer@wkb-law.com

Website: wkb-law.com

Indiana Personal Injury and Medical Malpractice Attorney

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