Should Seat Belt Use - Or Lack Of - Be Allowed As Evidence In Civil Trials?

Hoosier drivers are required by law to wear their seat belts.  But if they don’t, that information can’t be used in a civil trial. Proposed legislation would change that.

Let’s use the example of Driver A and Driver B.  Driver A runs a red light and hits Driver B.  Driver B wasn’t wearing his seat belt and suffered injuries that might have been prevented if he had.  But at a civil trial to determine fault and damages, Driver A can’t use that information to mitigate how much money he’ll have to pay Driver B. 

Defense Trial Counsel of Indiana representative Mark Palmer says it’s common sense to allow juries to hear that evidence.

“They’re entitled to know whether the radio was on so loud that the plaintiff couldn’t hear a siren or a warning or a horn," Palmer said. "They’re entitled to know if the brakes are deficient in some way that could have contributed to the accident.”

But members of the Indiana Trial Lawyers Association, who oppose the legislation, say it would shift blame from the wrongdoer to the victim. 

Carmel Republican Representative Jerry Torr, the bill’s author, withdrew the measure before it came up for a vote in committee Monday.  He says there wasn’t enough support to pass it.