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re: Let's revisit the seatbelt discussion, considering the events on I-12 this morning
Posted on 4/25/19 at 1:38 pm to Damone
Posted on 4/25/19 at 1:38 pm to Damone
we had a thread on here maybe a month or two ago and people where complaining about how pussy this country is for having laws in place that ticket people for not wearing seatbelts. its insane
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Posted on 4/25/19 at 1:39 pm to toosleaux
I am assuming from a cause point of view the driver will indeed be charged with some kind of homicide.
If / when there’s a civil trial for damages, any defense attorney worth his/her salt will try to use contributory negligence to lessen the financial award.
If / when there’s a civil trial for damages, any defense attorney worth his/her salt will try to use contributory negligence to lessen the financial award.
Posted on 4/25/19 at 1:47 pm to toosleaux
They were thrusted forward in the outward direction of their seats because of the impact upon them from the other driver....that is the root cause of that portion.
They completely left the seats because they were not restrained to them. That's the likely root cause of death.
The accident is the other drivers fault. Their deaths are likely their own fault. Whether some or all would have died regardless of seatbelt will have to be determined.
You can argue that if they were never hit, they would be fine even though they weren't wearing a seat belt....but that's stupid. What happened first? They didn't put on seat belts, and then they were hit.
If I crash into a tree and am thrown from my vehicle, having not worn a seat belt, are you going to blame the tree for me being thrown from vehicle?
They completely left the seats because they were not restrained to them. That's the likely root cause of death.
The accident is the other drivers fault. Their deaths are likely their own fault. Whether some or all would have died regardless of seatbelt will have to be determined.
You can argue that if they were never hit, they would be fine even though they weren't wearing a seat belt....but that's stupid. What happened first? They didn't put on seat belts, and then they were hit.
If I crash into a tree and am thrown from my vehicle, having not worn a seat belt, are you going to blame the tree for me being thrown from vehicle?
Posted on 4/25/19 at 2:14 pm to Cymry Teigr
im not a lawyer, but wouldnt they more likely be charged with manslaughter than homicide?
Posted on 4/25/19 at 2:21 pm to whitetiger1234
quote:I was a volunteer fireman for many years. I've seen many different circumstances. I can say for a fact the above is correct.
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 2:31 pm to Damone
quote:
It's hard to believe there are still morons who ride in cars without seatbelts.
What about people who ride motorcycles without seat belts?
Posted on 4/25/19 at 2:31 pm to RobbBobb
quote:
cross the medium
Never cross the medium.
Posted on 4/25/19 at 2:33 pm to toosleaux
Read about comparative and contributory negligence. It will show you how different states approach the issue.
Posted on 4/25/19 at 2:40 pm to toosleaux
There will be a lawsuit and some sack of shite attorney will make money because of this law. It needs to be changed.
Louisiana RS 32:295.1(e) states:
"In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation of this Section shall not be considered evidence of comparative negligence. Failure to wear a safety belt in violation of this Section shall not be admitted to mitigate damages."
Louisiana RS 32:295.1(e) states:
"In any action to recover damages arising out of the ownership, common maintenance, or operation of a motor vehicle, failure to wear a safety belt in violation of this Section shall not be considered evidence of comparative negligence. Failure to wear a safety belt in violation of this Section shall not be admitted to mitigate damages."
Posted on 4/25/19 at 2:43 pm to toosleaux
I will be "that guy."
I am for wearing seatbelts. I am against Seatbelt laws for adults.
20 years ago I was in a single vehicle accident that would have been fatal had I been wearing one. I glanced sideways and across the floor board once the airbag hit me. Had I been upright in the seat I would have been decapitated.
I am for wearing seatbelts. I am against Seatbelt laws for adults.
20 years ago I was in a single vehicle accident that would have been fatal had I been wearing one. I glanced sideways and across the floor board once the airbag hit me. Had I been upright in the seat I would have been decapitated.
Posted on 4/25/19 at 2:45 pm to toosleaux
So each party committed an illegal act which contributed to the death of one party? Sounds like any competent defense lawyer could get charges knocked down or at least get the guy who crossed the median a year or so in jail with probation for each person killed.
Not to lessen the fact that four people were killed but let's be honest here - they contributed to their own deaths in a way by being negligent in not wearing their seat belt (which the law requires).
Not to lessen the fact that four people were killed but let's be honest here - they contributed to their own deaths in a way by being negligent in not wearing their seat belt (which the law requires).
Posted on 4/25/19 at 2:52 pm to toosleaux
saw a woman gettting on i-10 earlier with 4 tiny tots standing in back seat - not a car seat in vehicle.....
Posted on 4/25/19 at 2:59 pm to TigerstuckinMS
If you meant this like I think you meant this-
quote:BRAVO!
Never cross the medium.
Posted on 4/25/19 at 3:05 pm to Damone
quote:
It's hard to believe there are still morons who ride in cars without seatbelts.
Is it really?
Posted on 4/25/19 at 3:07 pm to Animal
quote:
20 years ago I was in a single vehicle accident that would have been fatal had I been wearing one. I glanced sideways and across the floor board once the airbag hit me. Had I been upright in the seat I would have been decapitated.
So what now?
Posted on 4/25/19 at 3:11 pm to VolsOut4Harambe
quote:
they deserve their fate.
They deserved death? Yeesh. I think/hope you mean that they are responsible for their fate.
It *is* possible for them to not actually have deserved death and for the at-fault driver to also not deserve criminal charges.
Posted on 4/25/19 at 4:31 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.
Unless I was ejected through the windshield spontaneously then you are liable. The seatbelt may have prevented injury or at least serious injury but the need for the seatbelt was the result of your actions.
If a police officers neglects to put on his bulletproof vest before entering into an area where he may receive fire does that excuse the person who decides to shoots him in the chest unexpectedly? Should they only be charged with assault since they shot at they area where he would have been protected had he worn his vest?
Posted on 4/25/19 at 4:34 pm to toosleaux
I drive in a car seat. Much safer than a regular old seatbelt.
Posted on 4/25/19 at 4:52 pm to toosleaux
People have died while wearing seatbelts.
But, people don't die if their vehicle isn't smashed into by another.
You don't get off the hook, so to speak, because the victim did something he was supposed to.
Further, is it required that rear occupants have a seat belt on?
But, people don't die if their vehicle isn't smashed into by another.
You don't get off the hook, so to speak, because the victim did something he was supposed to.
Further, is it required that rear occupants have a seat belt on?
Posted on 4/25/19 at 5:06 pm to ThePoo
quote:
are your for or against comparative negligence
Don't confuse criminal culpability with civil negligence.
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