IC 9-19-11-8.5: Failure to comply; mitigation of damages

Sec. 8.5. In a civil action seeking to recover damages for personal injuries or death experienced by a plaintiff who:

(1) was in a motor vehicle that was manufactured after September 1, 1986, and equipped with at least one (1) inflatable restraint system; and

(2) was fifteen (15) years of age or older at the time the cause of action accrued;

evidence that the motor vehicle was not operating in compliance with section 2 or 3.6 of this chapter may be admitted as proof of failure to mitigate damages.