Hawaii Motion in Limine to Prevent Reference to Seat Belt Use

State:
Multi-State
Control #:
US-MOT-01416
Format:
Word; 
Rich Text
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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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 cost of a ticket for not buckling up is $102 on Oahu, Maui and Hawaii, and $112 on Kauai. Hawaii's universal seat belt law requires that all front and back seat motor vehicle occupants buckle up.

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.

Buckling up helps keep you safe and secure inside your vehicle, whereas not buckling up can result in being totally ejected from the vehicle in a crash, which is almost always deadly.

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.

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Hawaii Motion in Limine to Prevent Reference to Seat Belt Use