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The accident is his fault. The death occurred because of the accident. To suggest that "well it wouldn't have occurred if he was wearing his seat belt" begs the essential issue. None of us expect to be in a car accident. Accidents are comparatively rare. Bad accidents are even rarer than the occasional fender/bender. Collisions don't happen because of metaphysical events. They happen because of specific driver errors which typically involve being inattentive, speeding too fast for existing conditions, or not yielding the right of way to other traffic when one is required to do so. People who cannot accept that responsibility--as I have accepted it for 38 years--have no place driving a motor vehicle on America's roads.
One could perhaps make an argument that someone's damages as a result of an accident should be reduced because they weren't wearing a seat belt. However, that idea is only recognized in a mere handful of states. Some states, like mine, specifically have a statute that says that the failure to wear a seat belt is not a defense of any kind to a case involving injuries in a car accident.
Put the responsibility where it belongs: On a bad driver.
Exactly. The car was in its own lane when the RV changed lanes and smacked the back of the car, causing it to crash. In what universe is the responsibility for this wreck NOT ON THE RV DRIVER????
Exactly. The car was in its own lane when the RV changed lanes and smacked the back of the car, causing it to crash. In what universe is the responsibility for this wreck NOT ON THE RV DRIVER????
the story is - the rv hit a camry, which then lost control, crossed the median & hit a prius in the opposite lane of travel - one article mentions 7 vehicles being involved in some way.. this isnt a simple accident..
the story is - the rv hit a camry, which then lost control, crossed the median & hit a prius in the opposite lane of travel - one article mentions 7 vehicles being involved in some way.. this isnt a simple accident..
The complexity of the aftermath doesn't change the fact that the act of the RV hitting the first car is what set off all the other events, and that none of the other events would have happened except for the initial action of the RV. All the vehicles except the RV involved in this mayhem were simply "in the wrong place at the wrong time", including the Camry hit by the RV.
Just to give you an idea of how drastically times have changed, here's one for all of you:
My dad, and my uncle were driving down a rural road around 9 PM, in 1970. They came to a four-way stop, and as they proceeded through it, a car coming from one of the side roads (doing roughly 80 or 90) broadsided them. There was a house on the corner where it happened, and the people who lived there had someone over for dinner, and were walking the people to their car and saw everything. This other vehicle hit my dad's car so hard, that the car almost hit the top of a telephone pole. My dad was wearing his seatbelt. My uncle, who was not, was ejected from the car with the car landing on top of him. A passenger in the other vehicle, along with my dad and uncle, all died. The driver, who had been both drinking and speeding, although he was seriously injured, lived. I hope not to offend anyone with this, but the driver was a priest from France. So....what happened? Well...other than my mother and aunt suing for damages, the only thing that happened was the priest was sent back to his own country- he was guilty of vehicular manslaughter, but it carried no sentence. Times have certainly changed.
On a side note...we were in court for five years on this case, which we won. But I remember a particular incident; sitting in court, I want to say I was...maybe 13, at the time? I watched a certain Bishop on the stand who claimed that he had never asked the priest involved in the accident to come to the U.S. in order to be a priest to the Basque people who lived in the area. Our attorney pulled out correspondence written by this bishop, between the diocese where he was located, and the one where this priest was from...you guessed it- asking for this particular priest to come. I can remember thinking to myself, "wait a minute....this priest has given his whole life to his church....and when something bad happens, they turn their back on him and pretend they don't know him". In spite of everything, I felt bad for the man.
On another side note....the Bishop who sat up there and...well, no other way to put it, lied.....I saw on tv some years ago. He is a Cardinal now, and was one of the 50 responsible for choosing the new Pope. I have to say, that made me somewhat cringe inside.
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