A truck accident involving injury and death recently occurred on I-75 in Cincinnati. Here is how the story
was reported in the Cincinnati news. Note the emphasis on the fact that the person caused the wrongful death was not wearing a seatbelt nor was the passenger.
You may be wondering whether the fact that an injury victim or one caused a wrongful death forfeit their rights because of that . You may be surprised to know that failure to wear a seatbelt can potentially bar you from a claim for your injury. But that is why it's important to hire a truck accident personal injury lawyer experienced with the seatbelt defense.
The TRUCK ACCIDENT WRONGFUL DEATH INJURY STORY
Police have reopened Northbound I-75 near Hopple Street after a fiery crash in which a man died. The highway was closed for nearly six hours while police investigated the circumstances surrounding the wreck.
Officers say 38 year old Nicholas Taylor was driving a Jeep north on I-75 when he lost control and hit a pickup truck driven by 46 year old Glen Delk. Delk was not wearing a seatbelt-he was partially thrown from the pickup and died at the scene. His passenger, 32 year old Kath Delk was also unbelted. She was caught inside the truck, which was on fire when officers arrived. They put out the flames and rescued her. She was taken to University Hospital with minor injuries and has since been released.
Taylor was wearing a seatbelt. He had minor injuries and was treated at the scene.
Alcohol and speed are both considered factors in the crash, although no charges have been filed.
HERE WERE SOME OF THE COMMENTS TO THE STORY REGARDING THE CAUSE OF THE
ACCIDENT DEATH INJURY AND SEATBELTS
" I don't understand how people can actually say if he was wearing his seat belt he may still be alive? He wasn't the one drinking and driving, I mean really he was just minding his own business when an idiot decided to get into his car drunk and drive down the expressway of all places and killed someone. My condolences goes to his family.
" It should be my choice to wear a seatbelt just like it's the motorcyclist's choice to wear a helmet. I agree that it is in the best interest of safety to wear the seat belt, but as I said it should be my choice. My condolences to the family.
"Don't try blaming me for your personal choices...folks must start accepting responsilbility for their OWN actions and the consequences that go along with those poor choices/actions. The law and courts are still way too easy on drunk drivers! You can bet your bippy that I won't be if your drunken ass is behind the wheel of a vehicle that harms me or mine. "
"This is an example of WEAR YOUR SEATBELTS PEOPLE! Not only is it the law, but it can save your life. I don't care how inconvienient you think it is... it is there for a reason. Let this sad tragedy be a lesson to everyone who doesn't wear their seatbelt... My prayers to those involved. "
" Hm here we go again blamin someone for some grown folks choice, a grown man chose to go to a bar if that's the case, a grown man got behind the wheel of a automobile, a grown man chose to speed down the street. And it was grown people who didn't have on seat belts. So therefore the bartender is at fault for not babysitting a grown man? I mean really anything for money?"
These comments are instructive to me a personal injury auto accident lawyer Several persons clearly blame the alleged drunk speeding truck driver. So do I. Others say the failure to wear a seat belt is just as much the cause of the injury and death from the drunk speeding truck driver.
Here's the law in Ohio about the failure to wear a seat belt as being the cause of a truck car auto motor vehicle accident and the injury victim's right to recover money compensation.
(F)(1) Subject to division (F)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(1) or (3) of this section or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device in violation of division (B)(2) of this section shall not be considered or used by the trier of fact in a tort action as evidence of negligence or contributory negligence. But, the trier of fact may determine based on evidence admitted consistent with the Ohio Rules of Evidence that the failure contributed to the harm alleged in the tort action and may diminish a recovery of compensatory damages that represents noneconomic loss, as defined in section 2307.011 of the Revised Code, in a tort action that could have been recovered but for the plaintiff’s failure to wear all of the available elements of a properly adjusted occupant restraining device. Evidence of that failure shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section.
What that means is that if a seat belt could have prevented the injury you can not recover for anything other than monetary loss. You can get your lost wages and medical bills paid , but that's it. That's why it's important to hire an attorney that knows the law and the evidentiary priniciples and the experts to hire to overcome this defense. Just because you did not have a seat belt on does not mean your injury would not have occured. I just concluded a case where the failure to wear a seatbelt was raised by the insurance company.I hired one of the best experts in the country and he proved that the seat belt would not have made any difference.
If you have a truck auto or other motor vehicle injury i will gladly give you a free case evaluation . Just call me at 1-800-447-6549 or fill in the form to email me and I will personally answer your questions.