What factors contribute to liabilty in a wrongful death suit?

It's not really possible to do a liability analysis in a vacuum without some facts. Generally, all motor vehicle operators have a duty of due care; to establish liability a breach of this duty must be established. Violation of the rules of the road, violation of statutes and regulations, and other failures to observe due care help establish liability. Post the facts as you understand them and give the attorneys an opportunity to dig in. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

Yes-it could affect the liability to a degree. It all depends on other facts which all will have an affect on the overall liability strength of a case. That is a hugely general answer based on a very limited information you have given. All the same, you should have an in person conversation with a local attorney who will be able to give you more accurate guidance as to what to do next. Generally, the initial consultations are free and there is no obligation. If you need a referral, I may be able to recommend an attorney in your area. 1-866-827-2354 I hope this helps- Nima Taradji http://personalinjuryattorneyz.com Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only. Nima Taradji

Everyone has a general duty of due care, owed to themselves, to act in a manner not likely to contribute to their own injuries. Not wearing a seatbelt can have an effect on a wrongful death claim, to the extent that it tends to show that the decedent (dead person) was contributorily negligent, meaning responsible to a certain extent for their own harm. But keep in mind that drivers have a duty to make sure that their passengers buckle-up as well. In the end, not wearing a seatbelt may decrease damages owed but would not likely eliminate liability. Best of luck to you. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

There are so many factors that affect any legal case. First of all if someone was negligent in any act related to the accident or death then this would be an important factor. Another factor is if someone was not obeying the law which lead to the accident or death. Not wearing seat belts can be a huge factor which can impact many issues including, negligence, liability and damages related to the accident, injury, and wrongful death. I recommend you speak with a competent attorney in your state. Walter Kane

There are too many unknowns here, but in California, we have the notion of "comparative negligence" which means that victims of accidents may be found partly at fault for an accident. Their recovery would be reduced by the amount of fault attributed to them. What percentage that is remains to be seen. If someone is not wearing a seatbelt, AND such failure contributed to the injury, then their recovery might be reduced due to that fact.

If the defendant driver can show wearing a seatbelt would have prevented death or serious injury, then yes it would impact the recovery in the wrongful death case. California is a comparative fault state so the negligence of the driver would be compared to the decedent's negligence in not wearing the seatbelt. If the decedent was a minor there may be more fault on the driver since the driver should have ensured that the minor was buckled up.