The Senate Judiciary Committee heard SB 163 authored by Sen. Gaskill and Sen. Brown on evidence of lack of seat belt use. The bill provides that evidence concerning a failure to comply with safety belt requirements, including a child restraint system, may be admissible in a civil action. The bill also repeals a provision that failure to comply with a child restraint system does not constitute contributory negligence.
On January 18, 2023, individuals representing the following organizations: Alliance for Automotive Innovations, Insurance Institute of Indiana, Indiana Manufacturers Association, Indiana Motor Truck Association, and Defense Counsel of Indiana testified in support of the bill. The Indiana Trial Lawyers Association testified against the bill.
On February 8, 2023, the bill was amended to remove all fault and causation issues and allow seat belt use admissibility only in terms of mitigating damages. The bill was also amended to remove the repeal of Section 2 of the bill regarding contributory negligence. The amended bill failed 5-6.
Read the bill at https://iga.in.gov/legislative/2023/bills/senate/163