[net.legal] Seatbelts

plw@panda.UUCP (Pete Williamson) (07/25/85)

>Insurance companies stop paying for injuries that would have been prevented
>by wearing a seatbelt. If you want seat-belt-free insurance you have to pay
>through the nose because it obviously puts you in a high-risk group. Suicide
>is already exempted from coverage, so there's a precedent. It will encourage
>people to wear seatbelts, shut up the civil libertarians, and decrease the
>premiums responsible people have to pay (or at least slow down their growth).

An interesting idea ... except that it would tend to cause stupid people
to use seat belts ... and you know what that does to the world population's
average intelligence.
-- 
						Pete Williamson
"By hook or by crook, we will !!" ... #2

ron@brl-tgr.ARPA (Ron Natalie <ron>) (07/25/85)

> Insurance companies stop paying for injuries that would have been prevented
> by wearing a seatbelt. If you want seat-belt-free insurance you have to pay
> through the nose because it obviously puts you in a high-risk group. Suicide
> is already exempted from coverage, so there's a precedent. It will encourage
> people to wear seatbelts, shut up the civil libertarians, and decrease the
> premiums responsible people have to pay (or at least slow down their growth).
> 
> Any legal objections? Anybody out there with the pull to support this?

Actually, I doubt the insurance companies would go for this.  It only solves
half of the issue (if it even does that).  Suppose, that I (with my seatbelt
discount) go out driving with me belt on and run into (my fault) someone else
who is not wearing their seatbelt.  My policy is still obliged to pay.

-Ron

peter@baylor.UUCP (Peter da Silva) (07/26/85)

An alternate solution to heavy seat-belt laws:

Insurance companies stop paying for injuries that would have been prevented
by wearing a seatbelt. If you want seat-belt-free insurance you have to pay
through the nose because it obviously puts you in a high-risk group. Suicide
is already exempted from coverage, so there's a precedent. It will encourage
people to wear seatbelts, shut up the civil libertarians, and decrease the
premiums responsible people have to pay (or at least slow down their growth).

Any legal objections? Anybody out there with the pull to support this?
-- 
	Peter da Silva (the mad Australian)
		UUCP: ...!shell!neuro1!{hyd-ptd,baylor,datafac}!peter
		MCI: PDASILVA; CIS: 70216,1076

rcj@burl.UUCP (Curtis Jackson) (07/26/85)

In article <316@baylor.UUCP> peter@baylor.UUCP (Peter da Silva) writes:
>An alternate solution to heavy seat-belt laws:
>
>Insurance companies stop paying for injuries that would have been prevented
>by wearing a seatbelt......
	.
	.
	.
>Any legal objections? Anybody out there with the pull to support this?

No offense intended, but this is just the kind of thing that makes lawyers
have unassisted orgasms, makes judges commit suicide, makes insurance
company execs give smug little I'll-get-that-extra-Mercedes-this-year-
after-all smiles, and makes your average Joe's wallet look like an
Ethiopian famine victim.

Who is to decide that an accident could have been prevented by wearing a
seatbelt?  If the insurance company doesn't want to pay the injured all
they have to do is start too long, too expensive court battle to wear
the injured, the courts, and the rest of us down.  This area is far too
subjective and nebulous to be put into an arena where it can cause so
much grief.

My solution to seatbelt, helmet, anti-suicide, and other such 'preventative'
laws is simple:  get rid of them.  You're going to tell me that I can't
take a risk that endangers no one but me?  You're going to tell me that
I can't kill myself if I want to?  Rubbish!

By the way, the You in "You're going to tell me...." above is not
directed at Peter, just at legislators in general.

They let people hang-glide and water-ski without helmets, don't they?
-- 

The MAD Programmer -- 919-228-3313 (Cornet 291)
alias: Curtis Jackson	...![ ihnp4 ulysses cbosgd mgnetp ]!burl!rcj
			...![ ihnp4 cbosgd akgua masscomp ]!clyde!rcj

gene@batman.UUCP (Gene Mutschler) (07/27/85)

> An alternate solution to heavy seat-belt laws:
> 
> Insurance companies stop paying for injuries that would have been prevented
> by wearing a seatbelt. 
> 
> Any legal objections? Anybody out there with the pull to support this?
> -- 
> 	Peter da Silva (the mad Australian)
> 		UUCP: ...!shell!neuro1!{hyd-ptd,baylor,datafac}!peter

When Texas was considering its recently enacted seat-belt law, this very
thing was proposed as an alternative.  It got shot down primarily by
practical considerations--If a non-seat belt user was in an accident, it
was pointed out, all they had to do (assuming they were conscious),
was to quickly buckle up their belts before the dust settled.

Obviously this argument has a few holes, but nobody ever lost money
betting on the lack of intellectual quality of Texas legislators..(-: :-)
-- 
Gene Mutschler             {ihnp4 seismo ctvax}!ut-sally!batman!gene
Burroughs Corp.
Austin Research Center     cmp.barc@utexas-20.ARPA
(512) 258-2495

kre@ucbvax.ARPA (Robert Elz) (07/27/85)

In article <783@burl.UUCP>, rcj@burl.UUCP (Curtis Jackson) writes:
> My solution to seatbelt, helmet, anti-suicide, and other such 'preventative'
> laws is simple:  get rid of them.  You're going to tell me that I can't
> take a risk that endangers no one but me?  You're going to tell me that
> I can't kill myself if I want to?  Rubbish!

While the risks may endanger no-one but you (perhaps), its not true that
they harm no-one but you.  When you are injured, your insurance pays you,
and I pay your insurance company.  You sit in hospital and use the last
bed, so the hospital has to build a new wing, and I pay for it.  You
croak, and use the last cheap plot in the cemetery, so now I have to
buy a more expensive one.  After all this, your "freedom" has still
not stopped costing me ...  Now your ex-employer has to employ someone
else, and train them, I pay more for his product.

So, please, if you want to kill yourself, do it in some way that
everyone knows that's what you are doing, and make sure that you
succeed, no insurance, no hospital.  That still doesn't recover
all the costs, but it at least will save some of them.  Remember
that society has an investment in you - you owe us!

Robert Elz				ucbvax!kre

rcj@burl.UUCP (Curtis Jackson) (07/29/85)

In article <9389@ucbvax.ARPA> kre@ucbvax.ARPA (Robert Elz) writes:
>While the risks may endanger no-one but you (perhaps), its not true that
>they harm no-one but you.  When you are injured, your insurance pays you,
>and I pay your insurance company.  You sit in hospital and use the last
>bed, so the hospital has to build a new wing, and I pay for it.  You
>croak, and use the last cheap plot in the cemetery, so now I have to
>buy a more expensive one.  After all this, your "freedom" has still
>not stopped costing me ...  Now your ex-employer has to employ someone
>else, and train them, I pay more for his product.

An interesting viewpoint, and I can see your point somewhat, but:

a) You live in New York City (I know you don't, but pretend); there is
   a higher crime rate there, and when you get mugged your insurance
   company pays and I pay your insurance company.  I could give a lot
   more examples, but the basic line is that life (and ESPECIALLY
   insurance) ain't fair.  If you're interested in such things,
   definitely take the time to read _The_Invisible_Bankers_ by
   Andrew Tobias.

b) You hang glide and fly small planes, so you get injured and/or
   killed.  I pay.  Life is a bitch, ain't it?

My basic message here is much more objective than that:  There are
insurance discounts for non-smokers for the reasons that you put
forth above, and I like that because I am a non-smoker.  Am I really
a non-smoker?  Send me to your insurance company's doctor and I
guarantee you he can answer that question reliably unless I work
in a coal mine or in downtown L.A.  Now, do I really wear my
seatbelt all the time?  Who knows but me?

>So, please, if you want to kill yourself, do it in some way that
>everyone knows that's what you are doing, and make sure that you
>succeed, no insurance, no hospital.  That still doesn't recover
>all the costs, but it at least will save some of them.  Remember
>that society has an investment in you - you owe us!

I owe you?  OK, I guess you're right -- I'll do my good deed by
reducing the population, not contributing to the rise in population
at a later date, not consuming anymore food, energy, or space; and
I'll lower the unemployment rate at the same time -- all by suicide!!
Pretty effective little act, isn't it?

As for your earlier point about you paying for this and that, what
about the jobs that I create in the insurance, health care, and
burial industries?  Not to mention the work afforded to florists (assuming
someone likes me enough to send flowers to either the hospital and/or
the funeral), the minister who reads my eulogy, the lawyers who squabble
over my estate, the coroner who does the autopsy... I could go on for
days!!

I think I'll go off myself right now; what a great feeling to be
benefiting others!!

(Snide comments on the previous statement via mail to me, please; I'll
summarize the cutest ones to the net),
-- 

The MAD Programmer -- 919-228-3313 (Cornet 291)
alias: Curtis Jackson	...![ ihnp4 ulysses cbosgd mgnetp ]!burl!rcj
			...![ ihnp4 cbosgd akgua masscomp ]!clyde!rcj

todd@SCIRTP.UUCP (Todd Jones) (07/29/85)

> An alternate solution to heavy seat-belt laws:
> 
> Insurance companies stop paying for injuries that would have been prevented
> by wearing a seatbelt. If you want seat-belt-free insurance you have to pay
> through the nose because it obviously puts you in a high-risk group. 

One problem with the above solution is the difficulty in determining
whether or not seat-belts would have an advantageous effect or not.
Also, what happens when I hit someone (my fault) and they didn't have
a seat belt on? Am I less liable because they didn't wear one?

The new trend of mandatory seat-belt laws is so ridiculous! 
My home state of North Carolina is having their law go into 
effect Oct. 1. I am a habitual seat-belt user but I'm almost
ready to not wear them past Oct. 1. I think it's just another
excuse for police to inspect vehicles.

I fully support mandatory child restraint laws, however.
The difference: kids can't responsibly decide whether or
not to wear them and shouldn't be penalized by death for 
having bone-headed parents.

   |||||||
   ||   ||
   [ O-O ]       Todd Jones
    \ ^ /        {decvax,akgua}!mcnc!rti-sel!scirtp!todd      
    | ~ |
    |___|        SCI Systems Inc. doesn't necessarily agree with Todd.

phil@amdcad.UUCP (Phil Ngai) (07/30/85)

In article <145@batman.UUCP> gene@batman.UUCP (Gene Mutschler) writes:
>> An alternate solution to heavy seat-belt laws:
>> 
>> Insurance companies stop paying for injuries that would have been prevented
>> by wearing a seatbelt. 
>> 
>> Any legal objections? Anybody out there with the pull to support this?
>> -- 
>thing was proposed as an alternative.  It got shot down primarily by
>practical considerations--If a non-seat belt user was in an accident, it
>was pointed out, all they had to do (assuming they were conscious),
>was to quickly buckle up their belts before the dust settled.

I believe that if a seat belt user is involved in an accident, the selt
belt will stretch enough that investigators can easily tell the selt belt
has been through an accident.

I wouldn't expect any legislator to understand this, however.
-- 
 There are two kinds of people, those who lump people in groups and
 those who don't.

 Phil Ngai (408) 749-5720
 UUCP: {ucbvax,decwrl,ihnp4,allegra}!amdcad!phil
 ARPA: amdcad!phil@decwrl.ARPA

joel@peora.UUCP (Joel Upchurch) (07/30/85)

>I believe that if a seat belt user is involved in an accident, the selt
>belt will stretch enough that investigators can easily tell the selt belt
>has been through an accident.
>
>I wouldn't expect any legislator to understand this, however.

        I'm not to sure about that,  but  wouldn't  the  injuries  the
        person  wearing  the  seatbelt be identifibly different from a
        person who was  not  wearing  a  seatbelt?  In  a  high  speed
        collision I would think a person wearing a seatbelt would have
        bruises across the waist and  chest  where  the  straps  were.
        Also  a  person  wearing  a seatbelt would be unlikely to have
        suffered head injuries.

        Overall the idea of not paying off accident victim who weren't
        wearing  seatbelts  doesn't  strike  me as very practical.  It
        would be nice if people who  wore  their  seatbelts  regularly
        could  get  lower  rates, but I don't have a glimmer about how
        the insurance company could verify it.

jeff@gatech.CSNET (Jeff Lee) (07/30/85)

In article <2193@amdcad.UUCP>, phil@amdcad.UUCP (Phil Ngai) writes:
> In article <145@batman.UUCP> gene@batman.UUCP (Gene Mutschler) writes:
> >> An alternate solution to heavy seat-belt laws:
> >> 
> >> Insurance companies stop paying for injuries that would have been prevented
> >> by wearing a seatbelt. 
> >> 
> >> Any legal objections? Anybody out there with the pull to support this?
> >> -- 
> >thing was proposed as an alternative.  It got shot down primarily by
> >practical considerations--If a non-seat belt user was in an accident, it
> >was pointed out, all they had to do (assuming they were conscious),
> >was to quickly buckle up their belts before the dust settled.
> 
> I believe that if a seat belt user is involved in an accident, the selt
> belt will stretch enough that investigators can easily tell the selt belt
> has been through an accident.

This is true. If fact, If you are in a moderately severe accident it is
recommended (at least by consumer reports) that you replace your seatbelts
because they cannot absorb a second shock as well and could possibly fail.
-- 
Jeff Lee
CSNet:	Jeff @ GATech		ARPA:	Jeff%GATech.CSNet @ CSNet-Relay.ARPA
uucp:	...!{akgua,allegra,hplabs,ihnp4,linus,seismo,ulysses}!gatech!jeff

bill@persci.UUCP (07/31/85)

In article <2193@amdcad.UUCP> phil@amdcad.UUCP (Phil Ngai) writes:
>>> An alternate solution to heavy seat-belt laws: [...]
>>> Insurance companies stop paying for injuries that would have been prevented
>>> by wearing a seatbelt. [...]
>>> Any legal objections? Anybody out there with the pull to support this?
>>thing was proposed as an alternative.  It got shot down primarily by
>>practical considerations--If a non-seat belt user was in an accident, it
>>was pointed out, all they had to do (assuming they were conscious),
>>was to quickly buckle up their belts before the dust settled.
>
>I believe that if a seat belt user is involved in an accident, the selt
>belt will stretch enough that investigators can easily tell the selt belt
>has been through an accident.  > Phil Ngai

From experience, I can testify that this is true. It's surprising the kind of
evidence that a trained investigator can find. 

I had an accident where I was rear-ended by a car massing more than twice
mine, traveling about 35-50 MPH upon impact. I had my left-turn signal going
(and my brakes on -OUCH!-), which was verified by the particular way the
remnants of the bulb's filaments deposited themselves upon the remnants of
the bulb!

Anyway, why couldn't the insurance company simply nullify the policy if
the owner of the policy sustained injuries that wouldn't occur if he had
been wearing his belt? (I know, this merely narrows the margin where it
is questionable, yet it becomes pretty small.) I dislike paying higher
premiums because other people don't wear their belts. 
-- 
William Swan  {ihnp4,decvax,allegra,...}!uw-beaver!tikal!persci!bill

js2j@mhuxt.UUCP (sonntag) (07/31/85)

>         I'm not to sure about that,  but  wouldn't  the  injuries  the
>         person  wearing  the  seatbelt be identifibly different from a
>         person who was  not  wearing  a  seatbelt?  In  a  high  speed
>         collision I would think a person wearing a seatbelt would have
>         bruises across the waist and  chest  where  the  straps  were.
>         Also  a  person  wearing  a seatbelt would be unlikely to have
>         suffered head injuries.
> 
>         Overall the idea of not paying off accident victim who weren't
>         wearing  seatbelts  doesn't  strike  me as very practical.  It
>         would be nice if people who  wore  their  seatbelts  regularly
>         could  get  lower  rates, but I don't have a glimmer about how
>         the insurance company could verify it.

    They don't even need to *try* to verify which of their customers actually
wears their seat belts.  All they'd have to do is to offer two types of
insurance: seat-belted and non-seatbelted.  The only difference would be that
seat-belted would cost less, and wouldn't pay for injuries caused by not
wearing seat belts.  As <someone> above points out, there should be big
differences in the types of injuries which occur so that a non-belted
driver using belted insurance wouldn't be able to fool anyone by putting the
belt on after the accident.

    "Yep.  We found him sitting there, his seatbelt fastened securely, and
     a perfect impression of his face in the windshield."
-- 
Jeff Sonntag
ihnp4!mhuxt!js2j
   "Well I've been burned before, and I know the score,
    so you won't hear me complain.
    Are you willing to risk it all, or is your love in vain?"-Dylan

michael@saber.UUCP (Michael Marria) (07/31/85)

> In article <783@burl.UUCP>, rcj@burl.UUCP (Curtis Jackson) writes:
> > My solution to seatbelt, helmet, anti-suicide, and other such 'preventative'
> > laws is simple:  get rid of them.  You're going to tell me that I can't
> > take a risk that endangers no one but me?  You're going to tell me that
> > I can't kill myself if I want to?  Rubbish!
> 
> While the risks may endanger no-one but you (perhaps), its not true that
> they harm no-one but you.  When you are injured, your insurance pays you,
> and I pay your insurance company.  You sit in hospital and use the last

> all the costs, but it at least will save some of them.  Remember
> that society has an investment in you - you owe us!
> 
> Robert Elz				ucbvax!kre

BULLSH*T!!!                                    

gene@batman.UUCP (Gene Mutschler) (08/01/85)

Discussion of having insurance not pay for accidents where driver was not
wearing a seat belt.
My reply that this was considered by Texas Legislature, but dismissed based
on the theory that a driver could quickly buckle up.
A followup pointing out that seat belts stretch.
A confirmation that they do indeed stretch and...
 
>               If fact, If you are in a moderately severe accident it is
> recommended (at least by consumer reports) that you replace your seatbelts
> because they cannot absorb a second shock as well and could possibly fail.

Points are well taken.  Being basically a libertarian by nature, I had
thought of the insurance non-payment plan as an alternative to the intrusive
nature of a seat belt law, but couldn't come up with a counter to the
"buckling up" after the fact argument.

However, it does seem that from a legislative point of view, a variation
on the original argrument could be used.  Might not litigants argue that
they really did have their seat belts on, but the accident wasn't severe
enough to stretch them?  This is all promising, but I think we need
more information, and possibly a body of case law, to convince legislators...
-- 
Gene Mutschler             {ihnp4 seismo ctvax}!ut-sally!batman!gene
Burroughs Corp.
Austin Research Center     cmp.barc@utexas-20.ARPA
(512) 258-2495

hosking@convexs.UUCP (08/02/85)

>         Also  a  person  wearing  a seatbelt would be unlikely to have
>         suffered head injuries.

Guess again.  It  might seem  that way,  but you'd  be surprised what
sort of head injuries can occur, even  when you're  wearing your seat
belt.    If  you're  at all  tall, your  head can  easily get smashed
against  the  roof.    Suffice it  to say  that there  are some nasty
surprises lurking above the padding of many car roofs.  My mother got
hit by a drunk a few years ago while she was  stopped at  a stop sign
on a nice "quiet" residential street.  Despite the fact  that she was
wearing full belts, I don't think you'd want  to see  the pictures of
the resulting head injuries.  Seat belts usually help to REDUCE THE
EXTENT of head injuries, but they by no means PREVENT them.

			Doug Hosking
			Convex Computer Corp.
			Richardson, TX
			{allegra, ihnp4, uiucdcs}!convex!hosking

dhs@iddic.UUCP (David H. Straayer) (08/03/85)

What follows is an annotated re-posting of an article I posted to
net.autos and net.politics in April.  I thought I had also posted it to
net.legal, but the absence of replies here and the current discussion
make me suspicious about whether it ever actually got posted to
net.legal.

Most of the discussion recently on net.legal has to do with one half of
the proposal that follows, which I call "Insurance reform".   The other
half of my proposal is, I think, also important because it deals with
liability, negligence, and lawsuit.  Here is the posting:

I would willingly support seatbelt laws, but I am not optimistic about
getting them passed.  I would like to share a couple of arguments, and
advocate an alternate proposal.

CON seatbelt laws: the "Slippery Slide"  (Thanks to Bob Edge for the name)
   The point is this: some restrictions on personal freedom, while not
   overly intrusive in themselves,  establish a "slippery slide" toward
   more intrusive restrictions on freedom.  The classic example is 
   antipornography laws which have a tendency to "slide" into
   restrictions on free speech which are unacceptable to those who place
   a high value on civil liberties.

   I'm not sure how applicable this argument is here.  I don't hear
   anyone clamoring to have the freedom to choose to refuse seat belts
   on commercial airline flights.  I'm not personally overly concerned
   about slippery slides from seat belt laws into other intrusions on my
   personal freedom, but I appreciate the concern of others, and I am
   wary of those who try to "protect me" from various and sundry evils.

PRO seatbelt laws:  Freedom implies responsibility.
   If you want to be "free" to choose not to wear a seatbelt, you should
   accept the responsibility for the consequences of your actions.
   People "choose" to not wear seatbelts, and then expect others to pay
   for their decisions via higher insurance rates and expensive personal
   damage claims.

Cynical observation:  Most folks don't object to compulsory
   child-restraint laws to protect children.  They don't squalk about
   motorcycle helmet laws (these folks who don't own motorcycles), but
   when a restrictions threatens to affect THEM, oh my!  The screams
   and clamor!

My  proposal: Tough "Contributory Negligence" laws, with attendant
insurance law reform.

Under my proposal, states would recognize by law that failure to wear
seatbelts constitutes contributory negligence.  This applies when an
injury can be reasonably be attributed to the choice to refuse
effective, proven safety devices.  Existing insurance policies would be
exempted from having to cover losses due to the consequences of such
choices.

An illustration:

Suppose you are driving without your seatbelt and I, in another car,
make a mistake which causes us to have an accident.  Under this proposal
you couldn't force me to pay for the permanent disability and/or pain &
suffering which wouldn't have happened if you had been taking reasonable
precaution (wearing your seatbelt).  Yes, my negligence caused the
accident, but YOUR negligence caused it to be a lot worse than it would
have been.  I still pay for the damage to your car, and your trip to the
emergency room, but not your six weeks out of work, or your burial
expenses, the loss to your family, as the case may be.

Under this system, you would have choices:

  1 Wear your seat belt.
  2 Don't wear your belt, and accept responsibility for the consequences
    of your decision.  If you are severly injured when you needn't have
    been, you may end up declaring bankruptcy, losing your house, etc.
    - but that's your choice.
  3 Don't wear your seat belt and pay extra premiums to purchase
    supplemental insurance to protect you against the consequences of
    not wearing your belt.  We can assume that with such laws, many
    folks would still refuse to wear their belts, and after a few lives
    have been ruined, there would be a demand for such insurance.
    We could to force insurance companies to offer these riders, or
    perhaps the forces of a free market would come into play.

Under this proposal, no adult would be forced to wear a seat belt.
Those who do choose to wear seat belts would have lower insurance rates,
because they wouldn't be have to insure themselves against risks they
don't take.  Even those who don't wear belts would have lower liability
rates, because they wouldn't have to pay to insure against damage to
others who don't buckle up.  Perhaps we could even convince the Federal
Government that these laws eliminate the need for mandatory airbags.

And for those of you who own antique cars: you may have the choice of
adding non-stock safety features to your car (like turn signals and
brake lights), or perhaps pay somewhat higher insurance rates.

As for me, I buckle up!

Dave Straayer
Tektronix, Inc.
POBOX 1000, MS 63-166
Wilsonville, OR 97070

phil@amdcad.UUCP (Phil Ngai) (08/04/85)

In article <150@batman.UUCP> gene@batman.UUCP (Gene Mutschler) writes:
>on the original argrument could be used.  Might not litigants argue that
>they really did have their seat belts on, but the accident wasn't severe
>enough to stretch them?  This is all promising, but I think we need
>more information, and possibly a body of case law, to convince legislators...

If the accident wasn't severe enough to stretch the seat belts,
then the medical damages ought to be very low.

If litigant's face is broken from hitting the windshield, even a jury is
unlikely to believe the seat belt was actually used. (where seat belt
means combination lap/shoulder belt)

-- 
 My sister told me "I filled up my shoe tree so I knew it was time
 to stop buying shoes. Then our parents gave me some shoes so I
 had to buy another shoe tree. And then..."

 Phil Ngai (408) 749-5720
 UUCP: {ucbvax,decwrl,ihnp4,allegra}!amdcad!phil
 ARPA: amdcad!phil@decwrl.ARPA

rcj@burl.UUCP (Curtis Jackson) (08/05/85)

>CON seatbelt laws: the "Slippery Slide"  (Thanks to Bob Edge for the name)
>   The point is this: some restrictions on personal freedom, while not
>   overly intrusive in themselves,  establish a "slippery slide" toward
>   more intrusive restrictions on freedom.  The classic example is 
>   antipornography laws which have a tendency to "slide" into
>   restrictions on free speech which are unacceptable to those who place
>   a high value on civil liberties.

Hear, hear!!

>Suppose you are driving without your seatbelt and I, in another car,
>make a mistake which causes us to have an accident.  Under this proposal
>you couldn't force me to pay for the permanent disability and/or pain &
>suffering which wouldn't have happened if you had been taking reasonable
>precaution (wearing your seatbelt).  Yes, my negligence caused the
>accident, but YOUR negligence caused it to be a lot worse than it would
>have been.  I still pay for the damage to your car, and your trip to the
>emergency room, but not your six weeks out of work, or your burial
>expenses, the loss to your family, as the case may be.

Suppose you are riding a motorcycle and I, in a (much safer) car,
make a mistake which causes us to have an accident.  Under this proposal
(it sounds like) you couldn't force me to pay for the permanent disability
and/or pain & suffering which wouldn't have happened if you had been
taking reasonable precaution (not riding a motorcycle which has no enveloping
superstructure to protect you).

Get my drift?
-- 

The MAD Programmer -- 919-228-3313 (Cornet 291)
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phil@amdcad.UUCP (Phil Ngai) (08/05/85)

I saw an assertion somewhere (not on USENET) that 1) air bags are better
than seat belts in protecting against the kind of accidents that seat belts
are good for and 2) air bags are good in some accidents which seat belts
can't handle at all.

This sounds amazing (unbelieveable) to me but I'd be willing to listen to
explanations on how this could be so.
-- 
 I like vegetables that start with "a". Artichokes, avocadoes, etc.
 Some of the "b"s are ok, like broccoli, but brussels sprouts are out.
 As for cabbage, forget it!


 Phil Ngai (408) 749-5720
 UUCP: {ucbvax,decwrl,ihnp4,allegra}!amdcad!phil
 ARPA: amdcad!phil@decwrl.ARPA

bwm@ccice1.UUCP (Bradford W. Miller) (08/05/85)

It is unfortunate that it is an issue. There should ALWAYS be freedom
of choice, even if you choose to commit suicide.

Think of it as evolution in action.

B

-- 
..[cbrma, ccivax, ccicpg, rayssd, ritcv, rlgvax, rochester]!ccice5!ccice1!bwm

hollombe@ttidcc.UUCP (The Polymath) (08/06/85)

In article <255@SCIRTP.UUCP> todd@SCIRTP.UUCP (Todd Jones) writes:
>Also, what happens when I hit someone (my fault) and they didn't have
>a seat belt on? Am I less liable because they didn't wear one?

In some states you are.  California used to be one, but I'm not sure if  it
still  is.  The  concept  involved  is  "contributory negligence".  If they
weren't wearing a seatbelt then their injuries are at  least  partly  their
own fault.

Just passin' thru ...

-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_
The Polymath (aka: Jerry Hollombe)
Citicorp TTI                      Common Sense is what tells you that a ten
3100 Ocean Park Blvd.             pound weight falls ten times as fast as a
Santa Monica, CA  90405           one pound weight.
(213) 450-9111, ext. 2483
{philabs,randvax,trwrb,vortex}!ttidca!ttidcc!hollombe

agj@pucc-i (Mike Proicou) (08/06/85)

In article <2364@amdcad.UUCP> phil@amdcad.UUCP (Phil Ngai) writes:
>I saw an assertion somewhere (not on USENET) that 1) air bags are better
>than seat belts in protecting against the kind of accidents that seat belts
>are good for and 2) air bags are good in some accidents which seat belts
>can't handle at all.
>
>This sounds amazing (unbelieveable) to me but I'd be willing to listen to
>explanations on how this could be so.

Everything that I have heard about air bags says that they are only good in a 
head-on collision.  Seat belts also hold you in place if you get hit from the 
side or rear and to some extent ( I don't know how much) in a rollover type 
mess.  I suspect that if air bags were so great, auto racers would use them
instead of being strapped into place five or six different ways.  The only 
thing air bags have to their advantage is that they are passive restraints,
the driver doesn't have to do anything to activate them.


-- 

mike proicou 

{cbosgd,ihnp4,ucbvax}!pur-ee!pucc-i!agj			<-- boring PUCC login
{decwrl,hplabs,psuvax1,siemens}!purdue!pucc-i!agj

dhs@iddic.UUCP (David H. Straayer) (08/06/85)

In an earlier article I suggested that the concept of contributory
negligence should be applied when injuries in an accident can be
reasonably attributed to not wearing seat belts.

In article <795@burl.UUCP> rcj@burl.UUCP (Curtis Jackson) writes:

>
>Suppose you are riding a motorcycle and I, in a (much safer) car,
>make a mistake which causes us to have an accident.  Under this
>proposal (it sounds like) you couldn't force me to pay for the
>permanent disability and/or pain & suffering which wouldn't have
>happened if you had been taking reasonable precaution (not riding
>a motorcycle which has no enveloping superstructure to protect
>you).
>

Of course, my proposal was to apply the concept of contribtory
negligence to seat belt usage, not motorcycle driving.  I think
that your comment bears examination.  Trying to draw a parallel
between refusing to wear seat belts and choosing a motorcycle
over an automobile is stretched.  I would accept refusing to wear
a helmet as parallel to refusing to wear a seat belt.

What you are asking me to do is to generalize or abstract the
concept of contributory negligence.  OK, here goes:

  If a safety measure is formally recognized as prudent because
  of its cost, availability, effectivness, etc., then refusal to
  use the safety measure causes the person refusing the safety
  measure to assume responsibility for damages which could
  reasonably be attributed to the failure to use the safety
  measure, even though the damage was triggered by another party.
  This requires that legal recognition must be given to the
  safety measure.  This does not generally absolve other parties
  from responsibility for the damages that they cause, they are
  absolved only of those damages which would not have occured if
  all parties had been taking reasonable precautions.

Much of this controversy has involved people trying very hard to
defend their right to do dangerous things.  They see seat belt
laws as a threat to this right, and I share their concern.  Simply
saying "I have a right to do dangerous things" doesn't cut the
mustard.  What we have to say is "I want to preserve my right to
do dangerous things, and I am prepared to accept responsibility
for my actions."  Perhaps some day an overly safety-paranoid
society will decide that riding motorcycles is "dangerous" in the
same sense as not wearing seat belts (I hope not).  If so, better
that you should be able to accept the risk (this may involve no
more than paying higher insurance premiums) and continue to ride
motorcycles.

David H. Straayer

jeff@gatech.CSNET (Jeff Lee) (08/07/85)

> I saw an assertion somewhere (not on USENET) that 1) air bags are better
> than seat belts in protecting against the kind of accidents that seat belts
> are good for and 2) air bags are good in some accidents which seat belts
> can't handle at all.
> 
> This sounds amazing (unbelieveable) to me but I'd be willing to listen to
> explanations on how this could be so.

I have read (consumer reports, again) that air bags are NOT a substitute
for seatbelts. They are simply an enhancement to the existing safety
systems. If you do not wear a seatbelt, you may still get thrown from the
car or beaten when the car rolls or you are hit from the side. Air bags
lessen injury during frontal impacts.

I would like to see what kind of accident that seatbelts cannot handle very
well (or even hinder survival). A good 3 point safety belt prevents forward
motion and helps suppress motion side to side. It also holds you down if you
decide to roll. What can't they do that might happen in some types of
accidents?
-- 
Jeff Lee
CSNet:	Jeff @ GATech		ARPA:	Jeff%GATech.CSNet @ CSNet-Relay.ARPA
uucp:	...!{akgua,allegra,hplabs,ihnp4,linus,seismo,ulysses}!gatech!jeff

stern@steinmetz.UUCP (Harold A. Stern) (08/07/85)

> I saw an assertion somewhere (not on USENET) that 1) air bags are better
> than seat belts in protecting against the kind of accidents that seat belts
> are good for and 2) air bags are good in some accidents which seat belts
> can't handle at all.
> 
>  Phil Ngai (408) 749-5720

Actually, it was my understanding that airbags are of little if any use
in accidents where someone hits you from the side. 

bwm@ccice1.UUCP (Bradford W. Miller) (08/08/85)

In article <795@burl.UUCP> rcj@burl.UUCP (Curtis Jackson) writes:
>CON seatbelt laws: the "Slippery Slide"  (Thanks to Bob Edge for the name)
>   The point is this: some restrictions on personal freedom, while not
>   overly intrusive in themselves,  establish a "slippery slide" toward
>   more intrusive restrictions on freedom.  The classic example is 
>   antipornography laws which have a tendency to "slide" into
>   restrictions on free speech which are unacceptable to those who place
>   a high value on civil liberties.

The solution is simple. Not wearing seatbelts is tantamount to voluntary
suicide. It isn't illegal, but if you get hurt, you can't collect a dime
in MEDICAL damages (damages to your car are another story...).
-- 
..[cbrma, ccivax, ccicpg, rayssd, ritcv, rlgvax, rochester]!ccice5!ccice1!bwm

friesen@psivax.UUCP (Stanley Friesen) (08/08/85)

In article <771@gatech.CSNET> jeff@gatech.CSNET (Jeff Lee) writes:

>I would like to see what kind of accident that seatbelts cannot handle very
>well (or even hinder survival). A good 3 point safety belt prevents forward
>motion and helps suppress motion side to side. It also holds you down if you
>decide to roll. What can't they do that might happen in some types of
>accidents?
>-- 
	Alright, an aquaintance of mine was once involved in a head-on
collision when he had about a hundreds of pounds of bricks(or some
similar type of thing) in his back seat. After the accident the bricks
were in the former location of the front seat. If he had still been in
the car he would have been crushed flat. In *that* accident he was
actually better off being thrown from the car! So seatbelts, which
would have kept him in the car, would actually have killed him. Of
course this is a very unusual accident, since *usually* being thrown
from the car makes injuries worse.
-- 

				Sarima (Stanley Friesen)

{trwrb|allegra|cbosgd|hplabs|ihnp4|aero!uscvax!akgua}!sdcrdcf!psivax!friesen
or {ttdica|quad1|bellcore|scgvaxd}!psivax!friesen

smk@axiom.UUCP (Steven M. Kramer) (08/09/85)

> From: jeff@gatech.CSNET (Jeff Lee)
> Subject: Re: Seat Belts
> Article-I.D.: gatech.771
> 
> I would like to see what kind of accident that seatbelts cannot handle very
> well (or even hinder survival). A good 3 point safety belt prevents forward
> motion and helps suppress motion side to side. It also holds you down if you
> decide to roll. What can't they do that might happen in some types of
> accidents?

When my car flipped and went off a bridge into a pond, I was trapped under
ice.  I think if I had had a seat belt, I would have panicked and/or the
water rushing in would have killed me.  All that happened was that I got
cold.
-- 
	--steve kramer
	{allegra,genrad,ihnp4,utzoo,philabs,uw-beaver}!linus!axiom!smk	(UUCP)
	linus!axiom!smk@mitre-bedford					(MIL)

craparotta@nymgr.DEC (08/22/85)

Tom,
  
   I couldn't agree with u more about seatbelt use. Having played bumper
cars with some guardrails hereI am a strong supporter of them. My young 
son (4 yrs) won't even let me move the car till EVERYONE has them on!! He
will loudlyVOICE his opinion. Which at the time is fine with me. The car
(company) that I wiped out had the rear tie trying to catch the front one
and the front seat thought it was supposed to be in the back.... 


Regards,,


JoeCraparotta