What would happen in this case? What do you think would happen?

Question

Let's say that you are the driver of a vehicle with 5 passengers who have been told to buckle their seatbelts. You are in a crash. Two occupants, who have not buckled their seatbelts, are ejected and die. The other two occupants, with seatbelts on, are unhurt.

How does the law handle this today? Given that most states have seatbelt laws, would the deceased people be assumed to have been the cause of their own deaths for not buckling up given that the passengers who did buckle up were unhurt?

I ask this because I have a relative who will not buckle her seatbelt. I wouldn't leave and ultimately, she got out of the car. Her family members are angry about it (I guess keeping their mother safe doesn't count for much). They claim that ultimately, she is responsible for her own safety. I won't change my stance, but I just wanted to find out what you know to be true and what you think.

Answer 1

Let her walk or ride with someone else. I don't know about other states, but in Virginia if a passenger is not wearing a seatbelt, the driver is ticketed.

Ultimately, if two are ejected and killed in an accident, the driver could be charged with negligent homocide. \

So hold your head up, stick to your guns, and consider it to be her stupidity and that of her family members. You don't need passengers like this.

Answer 2

In Texas it would depend if the passengers were in the front or rear seat. The driver is responsible for ensuring that all front seat passengers are wearing seat belts. Rear seat passengers are responsible for their own decision regarding seat belts (except for children, of course).

Answer 3

you did right. She don't want to buckel up, she needs to ride with someone else.
I don't want to be hit by a passenger that dodn't buckle up should we have a crash.
also in some states you get the ticket as well.

Answer 4

Let her ride with them. You drive, you make the rules. Good call.