Crash Victims Info

What happens when someone dies in a car crash without wearing a seatbelt?

Whose fault is it - the driver or the victim? If the victim's family were to sue, how would the trial work? Are there any viable arguments for the victim, even though he/she wasn't wearing a seat belt?

Public Comments

1. They're dead, that's what happens. Fault, both the driver and the victim.
2. what happens? they are dead...they mad a bad /stupid decision and sadly suffered lethal consequences... sue who ? sue -what the stupidity of the dead guy?
3. Its Called personal responsibility.
4. the real question is, "WHO'S PAYING THEIR LAWYER MORE?" that's a more reliable indication of legal success than any other.
5. if the "victim" is a young person. A child. the driver can be at fault... Otherwise it is the passengers fault. They are grown people and they make their own decisions.
6. Well it would depend on who was responsible for the accident. I assume you mean that the person who died was not responsible for the accident at all but died because he wasn't wearing a seat belt. It would all depend on the laws of the state where the accident happened. Some state law says, yes you could still sue and win money but you might not get compensated for injuries you would not have received if you wore your seat belt. Experts like doctors would have to testify and a jury would decide on the amounts.
7. I think it tends to be the nature of the accident. If the driver was drunk and at fault.....the victims family could argue he was drunk and caused the accident. Regardless if the guy had a seat belt on or not, had the guy at fault not hit him he wouldnt be dead etc. Its a law to wear your seat belt in most states but it doesnt make you at fault for the accident.
8. If the passenger died in an accidente and didn't have a seat belt on part of the blame lies on the passenger a majority is the drivers as he/she should have been in control of the vehicle and should have made sure all occupants were belted. The driver is responsible for anyone in the car and should make them buckle up as he will be ticketed for negligence if stopped
9. Usually everyone who survives is sued. The judge will throw out the cases that aren't pertinent. My opinion: The passenger without the seatbelt is at fault, but the driver does share some of the responsibility.
10. I'm almost certain that there will be a funeral or some type of service-of-remembrance.