Sec. 7. (a) Failure to comply with section 1, 2, or 3.1(a) of this chapter does not constitute fault under
IC 34-51-2 and does not limit the liability of an insurer.
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Terms Used In Indiana Code 9-19-10-7
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(c) This subsection applies to a cause of action accruing after June 30, 2024. For a plaintiff who was at least fifteen (15) years of age or older at the time the cause of action accrued, evidence of a failure to comply with this chapter may be admitted in any civil action as to mitigation of damages. The defendant in such an action has the burden of proving noncompliance with this chapter and that compliance with this chapter would have reduced injuries.
[Pre-1991 Recodification Citation: 9-8-14-5.]
As added by P.L.2-1991, SEC.7. Amended by P.L.121-1993, SEC.1; P.L.1-1998, SEC.95; P.L.214-2007, SEC.9; P.L.262-2013, SEC.102; P.L.49-2024, SEC.8.
