Javaman

A couple of days ago, an acquaintance of mine ran a red light and hit a van. The van driver was killed and wasn't wearing a seat belt but the acquaintance was wearing one and received only minor injuries. As a result, last I heard, she's being charged with vehicular homicide, driving under suspension, and traffic violations.

While musing at work yesterday, I mentioned something to the effect of, "I wonder what would have happened if the van driver had put his seat belt on? I guess we'll never know." This went on to become a moral agument about seat belts as I wanted to know if anyone thought the van driver bore some of the responsibility for his own death. A coworker was incensed (which shocked me) and said that her mother, a former ER worker, never wears a seat belt as a result of what she saw (not further defined). But I digress.

Granted, our acquaintance should be charged with something as she did wrong BUT what should be said or done (if anything) about the driver's action/inaction. Nebraska has seat belt laws... not so's you'd notice, though. My wife was recently mocked by a friend when she got in their car and put her seat belt on.

Any thoughts?

Loren Pechtel

It sounds like your co-worker hit the driver's door or thereabouts. I doubt a seatbelt is going to do much good in such a situation. Thus the van driver bears little if any responsibility for what happened.

MollyMac

What Loren said. They should be able to assess whether wearing a seat belt would have made a difference or not - and if not, then the charges seem fair enough.

However, I agree that everyone should wear a seat belt. The evidence that wearing one can save people from death or horrific injury is overwhelming and, yes, there may well be occasions when it's fair to say that a driver bore some responsibility for their own death because they weren't wearing one. I don't think this should apply when the primary cause of the accident was someone else's reckless driving though.

Javaman

Last I heard, the van driver was partially ejected so I would assume that would have some bearing. We've not heard anything from the family since the day of the accident. I'm still not comfortable with some aspects. Again, I'm just thinking here, say there was a no-fault accident between my car and another whos driver wasn't belted in and that driver died. I'd feel awful and I have to wonder how my psyche would deal with it. Even if an accident was wholly the other driver's fault... I'd still feel terrible.

A few weeks ago (before I broke down and finally got a cell phone), I saw a car with four adults driving next to me. The front-seat passenger was holding a toddler on her lap as we drove down the road at 60mph. I was infuriated. Even at low speeds, a minor fender-bender could easily maim or kill that child. What if you were in such a fender-bender (in a residential neighborhood or parking lot maybe) and this toddler was killed. If that child had been properly put in a car seat, maybe you'd exchange insurance info and be on your way. But, if you were at fault in the accident, would you bear part, all, or none of the responsibility for the death of the child? Should you be charged with homicide?

I'll have to think about this for awhile. I see accident reports on the news all the time and usually promptly forget about them and usually don't consider the legal or moral implications for very long; or at all.

Edited to add this link to the only story I could find on the accident. I guess he was partially ejected. Another coworker of mine told me yesterday that his father died when the milk truck he was driving at very low speed tipped over and he fell out and was squished. I think I'd rather be fully ejected than partially. My wife's little brother was in a bad accident with two other people in the car and the car was spun and all three were flung clear and (mostly) OK. Weird.

AquaVita

Interesting questions posed...

Reading the article, and the comments you made about the man not wearing his seatbel...I would be inclined to think that the woman should not get such a stiff vehicular manslaughter penalty.

I mean the guy was thrown from his van. This would almost certainly have not happened had he been wearing his seatbelt.
And I'm sure his getting ejected from the van had most to do with his death.

southernhybrid

In the case of your friend, I think it is morally acceptable to charge her. While it's true that the other driver may not have died had he worn his seat belt, he would certainly still be alive had your friend not hit the van. It was the act of hitting the van while committing a moving traffic violation, that resulted in the death of the other driver. The fact that the other driver did not take adequate safety precautions and may have broken a minor law by not wearing his seatbelt does not negate the fact that your friend's action resulted in the accident that left the other driver dead. The driver who hit the van while running a redlight must take responsibility for her actions. Not wearing a seatbelt in and of itself does not cause death.

For the record, I always wear my seatbelt and think it was foolish of the other driver not to have worn one.

echidna

Under normal circumstances I’d say that vehicular homicide is not warranted because as you say, the driver should have been wearing their seat belt (although no legal requirement complicates that). But what makes this a little different, is that your acquaintance was also driving under suspension. Depending on what that suspension was for, I’d usually rate that just as highly as any traffic offence & I’d say that their obvious contempt for the road rules, as well as the legal system, gives ample reason to “have the book thrown at them”.

All the more reason for mandatory self belt laws BTW.

Echidna (fined $200 last year, along with 3 demerit points for buckling his seat belt 5 minutes after driving off)

Vylo

Seat belts are a very important part of your car which should be worn at all times. If you do not wear a seat belt you are taking your own life into your hands.

He should have been charged with all but the vehicular homicide. It is not his responsibility to make sure other drivers wear their seatbelts. This may also set am example to others to wear their seat belts.

Loren Pechtel

Looking at the article the collision is as I suspected--a hit on the driver's side. Your belt does basically nothing against such impacts other than reduce the chance of ejection. I doubt it made one bit of difference.

Rachel

The van driver could be partically to blame for his own death. Given that he was thrown from the vehicle wearing his seatbelt could have saved his life, depending on where the van was hit. If it wasn't at the drivers end then very likely he would be alive today. We are responsible for our own actions, and if those actions/inactions play a significant role in our death then we have no one to blame but ourselves.

I can't judge on your friends case, we don't have enough information, but morally speaking I feel the driver does bear part of the blame for his death.