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If someone doesn't wear a seatbelt and kills another person as a result who is wearing a seatbelt could that person face a manslaughter charge? (lemmy.ml)

submitted 1 month ago by [email protected] to c/[email protected]

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I can't get a good answer for this as Google is thinking I'm talking just solely on the driver. I'm including passengers who don't. I've seen PSAs that tell you the dangers you pose for others as well when you don't wear a seatbelt. So if you don't wear a seatbelt and that results in someone being killed could you not wearing a seatbelt mean you get a manslaughter charge?

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[–] [email protected] 3 points 1 month ago (1 children)

According to this page, you could attempt to argue "lack of causation" if there was no connection between you not wearing a seat belt and your passenger getting killed.

[–] [email protected] 3 points 1 month ago (1 children)

But, the person who died is buckled in. That's how I read it.

[–] [email protected] 2 points 1 month ago (1 children)

Yes, and that is my point: unless you wearing a seat belt somehow made the accident more likely to happen, it really doesn't seem like manslaughter applies here.

[–] [email protected] 1 points 1 month ago

I think the unbelted passenger became the lethal projectile in this case (and somehow survived to be prosecuted).