Quote:
Originally Posted by tommac
We need a seatbelt law and a helment law to protect the other drivers on the road. Think of hitting a car with someone not wearing a seat belt or a motorcycle with someone not wearing a helmet. Say that they died but would have lived if they were wearing it. Say the accident was your fault.
Should you get sued for the death? I may be willing to agree to someone forfieting all of their rights to sue if they were not wearing a helmet or seatbelt, otherwise I am OK with the law.
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Do I understand you right?
I am required to wear a seatbelt in order to prevent
you from being too overly inconvenienced by an accident
you caused?
How about you just don't cause the accident in the first place?
Quote:
Originally Posted by Neverfly
Realistically, If I crashed into you and you were NOT wearing your seat belt which caused you to be paralyzed- and you sued me, the judge should throw the case out.
Because You Chose to not wear a seat belt.
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I can't speak for other states, but...
South Dakota has a
mandatory seat-belt law. However:
Quote:
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Originally Posted by SDCL 32-38-4
Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries or on the issue of mitigation of damages.
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If you cause an accident that injures me, you're responsible for those injuries even if they were exacerbated by my failure to wear a seatbelt. Which, IMHO, is as it should be.