Nebraska Motion in Limine to Prevent Reference to Seat Belt Use
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FAQ
New York State allows an at-fault driver being sued for negligence to use what's known as the seat belt defense. Under this defense, if the victim of the accident was not wearing a seat belt at the time of the crash, they can be required to cover all or a portion of the costs of their injuries resulting from the crash.
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.
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.
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.
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.
Primary Enforcement of Seat Belt Laws This is a secondary law, which means the driver is cited for this violation only if cited or charged with an additional violation or some other offense. A violation results in a $25 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.