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Passenger who refuses to buckle up dies in fatal accident

March 21, 2016
by Ted B Lyon & Associates

A Texas family lost a son who was only 19 years old on a recent Thursday morning. He was killed in a fatal accident on West Interstate 2. According to a police report, the young man was a passenger in a vehicle that was involved in a one-car crash.

The accident report indicates that the driver lost control of the car when he switched lanes. Reportedly, his vehicle struck the concrete wall on the center median. The impact caused the car to flip over, ejecting the backseat passenger. The car apparently landed on top of the ejected passenger, causing fatal injuries.

The driver and the front seat passenger suffered only minor injuries, and it was reported that they were both restrained by their seat belts. Both these individuals told authorities that they asked the passenger in the rear seat to buckle-up only moments before the crash. However, he allegedly disregarded their warnings and chose to lie on the seat instead. Accident investigators are looking for indications that speed or road conditions may have played a role in this crash.

The family of the young man who died in this fatal accident may pursue financial relief by filing a wrongful death claim in a civil court, though the case may prove to be complicated, and the family would likely benefit from retaining the services of experienced legal counsel. Under Texas law, any person aged 15 or older is responsible for securing his or her seat belt when traveling in a vehicle. The fact that this man apparently failed to do so may bring into effect the modified comparative negligence rule. If it is determined that the decedent was partly to blame, any monetary award will be reduced by the percentage of his fault. If the court finds that he bears over half of the blame, no financial relief will be awarded to his surviving family members.

Source: krgv.com, “Police: Teen Not Wearing Seat Belt Dies in Crash”, March 17, 2016

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