Senate Bill 0218 So far, the conference committee version seems to have been passed by the Senate 36-13 but no action has been taken by the House.

Provides that evidence of failure to comply with the laws concerning safety belt use may be admitted as evidence in a civil action to reduce damages for injury to a person who is at least 15 years of age at the time of the accident, and may limit the liability of an insurer. Provides that the defendant has the burden of establishing that use of a safety belt would have reduced injuries. Provides that if evidence that the plaintiff failed to comply with the laws concerning seat belt safety is admitted in a civil action, a court shall admit evidence that: (1) a driver who is a defendant was intoxicated at the time of the accident; or (2) a defendant caused or contributed to the accident in violation of Indiana law. Requires certain expert testimony to establish that a plaintiff failed to comply with the safety belt law. Requires a defendant to plead an affirmative defense if the defendant asserts that a plaintiff failed to comply with the safety belt law. Permits damages to be reduced by not more than 4% arising from a cause of action involving an accident in which a plaintiff failed to comply with the safety belt law. Requires a court to issue certain instructions to a jury concerning damage reductions and to furnish a specific jury form if evidence was submitted to the jury to prove that a plaintiff failed to comply with the safety belt law.

Senate Bill 0218

Provides that evidence of the failure to comply with the laws concerning safety belt use may be admitted as evidence in a civil action to reduce damages for injury to a person, and may limit the liability of an insurer. Provides that the defendant has the burden of establishing that use of a safety belt would have reduced damages.

An amendment was defeated that would’ve allowed admission only where there was a signed confession or a conviction of failing to wear a seat belt. The bill passed second reading and will presumably be voted on by the Senate in the near future. I think I support this measure. On the one hand, you take your victim as you find them, but, on the other hand, anti-seat belt activists usually cite personal choice and freedom as the reasons they shouldn’t be burdened. With freedom comes responsibility, so I figure it makes sense to make people exercising their freedom bear the additional loss they sustain as a result of that exercise of freedom.