Blog
- posted: Oct. 23, 2025
- Personal Injury
For nearly four decades, Indiana law has required drivers and passengers to wear seatbelts while their vehicle is in motion. Over that time, usage of this important protective device has skyrocketed, with some estimates indicating that more than 90 percent of people buckle up when traveling on roads within the state. This statute was enacted because seatbelt use decreases the likelihood of a serious injury. Now, a new state law gives defendants in auto accident cases the chance to reduce a damage award by presenting evidence that the victim didn’t fasten their seatbelt.
This change, effective July 1, 2024, ends a long-standing prohibition on introducing seat belt nonuse at trial. Given that whether someone buckled up has no bearing on whether a collision occurs, that evidence cannot be used to determine liability in a personal injury case. Rather, a defendant may only use this information for the limited purpose of mitigating damages. In other words, a motorist or their insurance company can assert that had the victim been wearing their seatbelt, their injuries would have been less severe.
Notably, an earlier version of the bill that would have required seatbelt information to be presented to the jury did not pass. Accordingly, the judge has discretion to admit properly offered evidence of nonuse. One potential concern for plaintiffs is that failure to buckle up might cause prejudice among jurors who believe that it is a sign of personal recklessness.
Whether a damage award is affected by someone’s lack of a seatbelt likely depends on expert evidence from doctors and vehicle crash reconstruction specialists who can testify as to how the victim’s condition would be different had they worn a seatbelt. The plaintiff might counter defense efforts by demonstrating that the belt malfunctioned or was improperly installed. They could also bring in experts to opine that a properly fastened restraint would not have prevented or lessened the specific injuries stemming from the crash.
If you were injured in a vehicle accident, Blachly, Tabor, Bozik & Hartman, LLC will pursue maximum compensation on your behalf, and can advise if the new law will affect your personal injury claim. Please call {PHONE} or contact us online to speak with partner Colby A. Barkes in a free initial consultation. Our firm is located and Valparaiso and serves clients across Northern Indiana.
- posted: Oct. 23, 2025
- Personal Injury
For nearly four decades, Indiana law has required drivers and passengers to wear seatbelts while their vehicle is in motion. Over that time, usage of this important protective device has skyrocketed, with some estimates indicating that more than 90 percent of people buckle up when traveling on roads within the state. This statute was enacted because seatbelt use decreases the likelihood of a serious injury. Now, a new state law gives defendants in auto accident cases the chance to reduce a damage award by presenting evidence that the victim didn’t fasten their seatbelt.
This change, effective July 1, 2024, ends a long-standing prohibition on introducing seat belt nonuse at trial. Given that whether someone buckled up has no bearing on whether a collision occurs, that evidence cannot be used to determine liability in a personal injury case. Rather, a defendant may only use this information for the limited purpose of mitigating damages. In other words, a motorist or their insurance company can assert that had the victim been wearing their seatbelt, their injuries would have been less severe.
Notably, an earlier version of the bill that would have required seatbelt information to be presented to the jury did not pass. Accordingly, the judge has discretion to admit properly offered evidence of nonuse. One potential concern for plaintiffs is that failure to buckle up might cause prejudice among jurors who believe that it is a sign of personal recklessness.
Whether a damage award is affected by someone’s lack of a seatbelt likely depends on expert evidence from doctors and vehicle crash reconstruction specialists who can testify as to how the victim’s condition would be different had they worn a seatbelt. The plaintiff might counter defense efforts by demonstrating that the belt malfunctioned or was improperly installed. They could also bring in experts to opine that a properly fastened restraint would not have prevented or lessened the specific injuries stemming from the crash.
If you were injured in a vehicle accident, Blachly, Tabor, Bozik & Hartman, LLC will pursue maximum compensation on your behalf, and can advise if the new law will affect your personal injury claim. Please call {PHONE} or contact us online to speak with partner Colby A. Barkes in a free initial consultation. Our firm is located and Valparaiso and serves clients across Northern Indiana.
Contact the Firm
