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Started By
Message
Let's revisit the seatbelt discussion, considering the events on I-12 this morning
Posted on 4/25/19 at 1:22 pm
Posted on 4/25/19 at 1:22 pm
So according to the WBRZ article, all four occupants on the Not-At-Fault vehicle in the I-12 crash this morning were killed, however, all four were not wearing their seatbelts.
For discussion purposes, let's assume that these four individuals would have survived (albeit with serious injuries) had they been wearing their seatbelts. I don't think this is too much of a stretch anyway.
I am going to assume also that the driver of the vehicle that crossed the median will eventually be charged with four counts of some version of homicide upon his release from the hospital. It seems to me that State Police generally charges At-Fault drivers in fatal crashes with something along the lines of Negligent Homicide or Vehicular Negligent Homicide (if alcohol or drugs are present, I don't know if they were in this case).
So given all that, what are your feelings on scenarios like this? If I make a mistake and eject you through your windshield because you chose to not wear your seatbelt, should that have some impact on my criminal and/or civil liability? Or was my mistake in the first place the root cause and therefore all events that transpired after that are my fault solely? I'm always interested to hear what people think in situations like this.
For discussion purposes, let's assume that these four individuals would have survived (albeit with serious injuries) had they been wearing their seatbelts. I don't think this is too much of a stretch anyway.
I am going to assume also that the driver of the vehicle that crossed the median will eventually be charged with four counts of some version of homicide upon his release from the hospital. It seems to me that State Police generally charges At-Fault drivers in fatal crashes with something along the lines of Negligent Homicide or Vehicular Negligent Homicide (if alcohol or drugs are present, I don't know if they were in this case).
So given all that, what are your feelings on scenarios like this? If I make a mistake and eject you through your windshield because you chose to not wear your seatbelt, should that have some impact on my criminal and/or civil liability? Or was my mistake in the first place the root cause and therefore all events that transpired after that are my fault solely? I'm always interested to hear what people think in situations like this.
36
Posted on 4/25/19 at 1:24 pm to toosleaux
I've known too many people who died because they didn't wear their seatbelt. I wear that shite religiously.
Posted on 4/25/19 at 1:24 pm to toosleaux
quote:
not wearing their seatbelts
Stupid
Posted on 4/25/19 at 1:25 pm to toosleaux
You can charge people with vehicular homicide of they lose control due to atmospheric conditions?
Posted on 4/25/19 at 1:25 pm to toosleaux
are your for or against comparative negligence
Posted on 4/25/19 at 1:26 pm to toosleaux
deaths from not wearing a seat belt is darwinism at work. There is literally no excuse whatsoever not to wear a seatbelt. "It's uncomfortable" is not an excuse.
Posted on 4/25/19 at 1:26 pm to toosleaux
Darwin at work.
It’s second nature when you get in a car, no matter the distance, to always buckle up. I don’t even think about it. It’s a subconscious action that takes place before I even put my foot on the clutch or start the engine.
I hate saying this but they deserve their fate.
So if you crash and I am ejected through the windshield and die, you don’t deserve any legal consequences because I was too much of a dumbass to not wear my belt.
Not buckling up = trashy
It’s second nature when you get in a car, no matter the distance, to always buckle up. I don’t even think about it. It’s a subconscious action that takes place before I even put my foot on the clutch or start the engine.
I hate saying this but they deserve their fate.
So if you crash and I am ejected through the windshield and die, you don’t deserve any legal consequences because I was too much of a dumbass to not wear my belt.
Not buckling up = trashy
Posted on 4/25/19 at 1:26 pm to toosleaux
quote:
I am going to assume also that the driver of the vehicle that crossed the median will eventually be charged with four counts of some version of homicide upon his release from the hospital. It seems to me that State Police generally charges At-Fault drivers in fatal crashes with something along the lines of Negligent Homicide or Vehicular Negligent Homicide (if alcohol or drugs are present, I don't know if they were in this case).
What was the reason for crossing the median?
Posted on 4/25/19 at 1:27 pm to upgrayedd
quote:
You can charge people with vehicular homicide of they lose control due to atmospheric conditions?
There is a distinct difference between "negligent" and "vehicular negligent" in Louisiana.
For vehicular, this must exist:
A. Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:
(1) The operator is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.
(2) The operator's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.
(3) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(4) The operator is under the influence of alcoholic beverages.
(5)(a) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.
Posted on 4/25/19 at 1:28 pm to Tigerbait357
quote:
not wearing their seatbelts
Trashy.
Posted on 4/25/19 at 1:29 pm to toosleaux
if you don't cross the median and hit the other vehicle, they don't get thrown whether or not they are strapped in.
that said, i wear my seal belt religiously.
that said, i wear my seal belt religiously.
Posted on 4/25/19 at 1:29 pm to toosleaux
quote:
Or was my mistake in the first place the root cause and therefore all events that transpired after that are my fault solely?
So, if he doesn't cross the medium, the [passengers more than likely make it to their destination, seatbelt or not, amirite?
Posted on 4/25/19 at 1:29 pm to toosleaux
quote:
So according to the WBRZ article, all four occupants on the Not-At-Fault vehicle in the I-12 crash this morning were killed, however, all four were not wearing their seatbelts. For discussion purposes, let's assume that these four individuals would have survived (albeit with serious injuries) had they been wearing their seatbelts. I don't think this is too much of a stretch anyway.
Would all 4 people have survived if they hadn't been hit by the at-fault driver? This is assuming the at-fault driver made some serious mistake of some kind.
quote:
So given all that, what are your feelings on scenarios like this? If I make a mistake and eject you through your windshield because you chose to not wear your seatbelt, should that have some impact on my criminal and/or civil liability? Or was my mistake in the first place the root cause and therefore all events that transpired after that are my fault solely? I'm always interested to hear what people think in situations like this.
It depends what your mistake was.
Posted on 4/25/19 at 1:30 pm to toosleaux
It cuts both way.
Would they have lived with seatbelts? Probably.
Would they have needed seatbelts if not for the at fault driver? No.
The crime should be some form of vehicular manslaughter no matter what but the lack of seatbelts can be a mitigating factor if they get convicted and they are deciding on sentencing.
Would they have lived with seatbelts? Probably.
Would they have needed seatbelts if not for the at fault driver? No.
The crime should be some form of vehicular manslaughter no matter what but the lack of seatbelts can be a mitigating factor if they get convicted and they are deciding on sentencing.
Posted on 4/25/19 at 1:30 pm to toosleaux
quote:
So given all that, what are your feelings on scenarios like this? If I make a mistake and eject you through your windshield because you chose to not wear your seatbelt, should that have some impact on my criminal and/or civil liability? Or was my mistake in the first place the root cause and therefore all events that transpired after that are my fault solely? I'm always interested to hear what people think in situations like this.
Not enough information to say.
Was he impaired in some way?
Did he just fall asleep at the wheel?
Did he swerve to avoid debris or something and lose control?
Have a tire blowout and lose control?
My general thought is that if it was truly an accident with no negligence involved, there shouldn't be any charges beyond the ticket.
Posted on 4/25/19 at 1:31 pm to toosleaux
quote:
toosleaux
If crossing the median and/or driving drunk or being on the phone is what killed them then yes.
Posted on 4/25/19 at 1:31 pm to toosleaux
I don't remember how often I wore my seat belt before it became a law but after I was ticketed for not wearing it I made it a point to always wear it and make my passengers do the same.
Posted on 4/25/19 at 1:33 pm to toosleaux
quote:
driver of the vehicle that crossed the median will eventually be charged with four counts of some version of homicide upon his release from the hospital.
were they under the influence? If not, they wont be charged with anything
Posted on 4/25/19 at 1:35 pm to toosleaux
quote:this is how i feel
Or was my mistake in the first place the root cause and therefore all events that transpired after that are my fault solely?
Posted on 4/25/19 at 1:36 pm to toosleaux
It's hard to believe there are still morons who ride in cars without seatbelts.
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