Thapthim

Well it is one thing being careless with your life; it is another thing being careless with the life of others. What if that air born van driver hit someone, and ended up hurting that person or even killing that person? So many people think they are not harming people when they do not wear their seatbelt, but you are a hazard to others. I refuse to start up my car if a person does not have their seatbelt on, if a person is disrupting my driving, like yelling and jumping up and down in the back seat. I slam on the breaks and yell at them (after I asked them politely about five times), until they get the message, sometimes being polite does not help. One person was giving the finger and yelling things out the window at people, so I closed the window on his arm and locked the window controls until he promised not to do that again...And that is the reason why I should never have kids.

Javaman

I agree. This leads me to something else I've been struggling with. Lately I've read pieces in the paper making both seat belt wear and motorcycle helmet wear into a liberty/freedom issue. I can agree with this up to a point. What I have issues with is whether someone's choice in either case has a medical impact on the lives of others. A quick example; Say, as a front-seat passenger, you didn't wear your seatbelt because it was your right not to... and then the car you were riding in went off the road and hit a tree. As a result you receive massive head trauma from hitting the windscreen/windshield.

Your injuries now place you in a hierarchy at the hospital. You will receive treatment based on how life-threatening your injuries are. Due to your actions, you've potentially delayed treatment for others until you've been seen by the medical staff. I don't know if this is right either.

Vylo

The victim was careless with the life of the other driver. Vehicular homicide charges tend to have a very adverse effect on ones life. This probably would not have happened had he worn his seat belt, considering he was ejected from his car. Keep in mind the victim was breaking the law when he chose not to wear a seat belt.

I would support vehicular homicide only if there was no possibility of the victim having survived if he had been wearing a seatbelt. Any amount of reasonable doubt should throw out that charge, one should not be blamed for what others neglect.

Ronin

From the article ~

Shafer was taken to Creighton University Medical Center, where she was listed in fair condition Thursday night. She was cited in connection with misdemeanor motor-vehicle homicide, driving with a suspended license and disobeying a traffic signal.

<emphasis mine>

I have never heard of a misdemeanor homicide.

What are the criteria and penalties for such an offense, Javaman?

I ran this scenario past several of the detectives in my division and they were each astounded that she was charged with a 'homicide' of any sort.

We all view this as an accident without any intentional recklessness that would substantiate a vehicular homicide charge in our jurisdiction.

Sure the misdemeanor traffic violations would all still apply, however, barring a leaving the scene or driver intoxication...there is definitely no felony homicide charge.

Again, I am unfamiliar with a 'misdemeanor' homicide.

That said, your friend will be toast in civil court...unless, of course, that was one of those pesky police controlled two second amber light traffic signals I've heard tell about which she could use to divert the blame.

southernhybrid

I know that this accident didn't happen in Georigia but we do have a misdemeanor homicide law here and here's how it's described:

That is why I think it was reasonable to charge the driver in this case. I don't think she necessarily deserves a harsh punishment but I do think it was correct legally and morally to charge her assuming that the Nebraska law is similar to the Georgia law.

While I am a fierce advocate for wearing a seatbelt and insist that all of my passengers are always buckled up, it does surprise me that so many people think this guy was at fault for his own death when he wasn't the one that caused the accident. Putting the responsibility on the driver that hit the van, doesn't make the driver of the van any less foolish for not wearing his belt. It may have saved his life but we'll never know.

Blaming the van driver for his own death is just another way of blaming the victim ASFASIK. It's not my fault that I hit him and he died, because he should have been wearing his seatbelt.

Added for clarification:

Vylo

It was his fault he hit him, but not necessarily his fault the victim died. Making so you "drive at your own risk" without a seat belt on would probably encourage people to put them on. consider getting messed up in an accident and not being able to sue if you weren't wearing your belt. I bet a lot more people would rather buckle up then face being crippled with no monetary compensation even if the other driver was at fault.

In short I would like something like this: "The driver at fault shall be responsible for any and all vehicular damages regardless of victim's safety precautions. If the victim did not follow legal safety precautions before operating the vehicle, they thereby forfeit any rights regarding their own safety, and their health and life is not the responsibilty of any driver involved in a vehicular accident with the victim, even if they were at fault. Any adult passengers in the victim's car are similarly responsible for following legal safety precautions. Children are the responsibility of the driver of the victim's vehicle and in the case of improper safety precautions for children, the driver bear all responsibility for loss of health or life."

Ronin

Thanks for the info SoHy...as I said, we have nothing like that in MS and I was completely unfamiliar with even the concept of a misdemeanor criminal charge in such a case.

The closest thing we have is a manslaughter charge, which is a felony.

But, that charge would require that a person commit a grossly negligent act while driving a car under the influence of alcohol, which resulted in someone being killed. Or, as I said previously, leaving the scene of an accident causing serious permanent injury or death.

Thanks for including the penalty clarification. I will be doing some research and may present this information to the local prosecutor.

Rachel

According to Nebraskan law the van driver was acting illegally when he choose not to wear his seatbelt. It's common knowledge that if you are in an accident and aren't wearing a seatbelt it is likely you will be thrown from the vehicle, often resulting in serious injury and/or death. Had he chosen not to break the law it sounds like he very well could have been alive today. If that's the case, he is to blame for his own actions which resulted in his death.

The reckless driving of the other driver increased the risk of him being thrown, but didn't cause it.

Guilt lays on the hands of both drivers.

Vylo

Agreed.

scigirl

While I think scientifically the fault lies in the hands of both drivers, legally it doesn't matter if the victim was about to commit suicide, and the accused man hit him seconds before, striking him dead.

Ok keep in mind my knowledge of the law is strictly from watching Law and Order so I may have it wrong! But negligence laws are pretty clear I think. Any action on the part of the accused which could reasonably lead to the death or harm of another human being (driving recklessly certainly could do that) should be held accountable, irrespective of the victim, or what the victim was doing.

I agree with southernhybrid that people here are blaming the victim. The whole thing is tragic, and since the driver didn't intend to kill someone, he shouldn't be charged with murder. But manslaugher? Yes. We all do things that are unsafe - I have snowboarded without a helmet. Is that stupid? Yes it is. However, if I'm on a slow run, and someone comes down speeding way out of control, violating the rules, and hits me and strikes me dead - he should be held responsible.

There is no way to know for sure whether the man who was ejected from the vehicle would NOT have been harmed if he had been wearing his seat belt. He may well have been equally harmed, or at least seriously maimed. We will never know. Seat belts are a safety measure but aren't an absolute guarantee that you won't die or get hurt in a car acccident.

Negligence is negligence, pure and simple. Now should the circumstances come up in sentencing? Sure. But he is clearly guilty of vehicular manslaugher.

Man if med school doesnt work out, I think I'll go to law school. I'm certainly heartless enough to be a prosecuting attorney!

scigirl