If a person is ejected from a vehicle and crashes through the windshield of an oncoming car, who is at fault?
Question:
Answer:
per orlun:
"The person that was ejected would be cited for contributing, since they were not wearing a seat belt. The insurance companies would also probably fight about paying the claim on the ejected person since the injury was the result of breaking a law. "
**this is exactly right. if the person is ejected from teh vehicle from a 1st collision, the person causing that accident would primarily at fault, but depending on the state, the ejectee could and most likely would be held responsible for not taking proper care and could not get full value of their injuries, or could possibly be denied for their injuries (depending on the state the accident happened in.)
No, it depends on the accident itself, not the ejection of the passenger. However, there is quite a bit of leeway for tort litigation.
That's silly. The person who was thrown should have been wearing a seat belt. THEIR FAULT!
The person who was ejected would be responsible because he/she was stupid for not wearing their seatbelt!
Well if the car never hit the other car that person would have never went through a windshield So really it is the first car that crashes or creates the accident that is at fault.
I have no clue. I would think that it would be the person who flew out the windows fault really. They wouldn't have been wearing a seatbelt. In all reality there is no one way to answer this question correctly becuase you don't know the specifics of the crash so you can't make a correct assumption.
You say hypothetical, but I bet it has happened. Who caused the accident that caused the guy to fly out of his windshield? However, it is clearly an auto accident and auto insurance would kick in.
It would be their fault. They were not wearing a safety belt, plus I dont think the oncoming car would be able to know that a person would hit their car. Anyways I dont think this is possible.
IF ANOTHER DRIVER CAUSED THE SECOND TO BE EJECTED THEY BOTH WOULD BE AT FAULT FOR DAMAGES TO A THIRD VEHICLE..THE SECOND FOR NOT WEARING A SEAT BELT..IF IT WAS A ONE CAR ACCIDENT THE PERSON THAT WAS EJECTED IS RESPONSIBLE MAINLY BECAUSE HE DID NOT WEAR A SEAT BELT
The person that was ejected would be cited for contributing, since they were not wearing a seat belt. The insurance companies would also probably fight about paying the claim on the ejected person since the injury was the result of breaking a law.
it seems to me that it would be the fault of whatever made this person eject from the car through the windshield to begin with..making their insurance liable for damages..and if it was something like an animal then it would be the fault of the person whom which car the person ejected from..hope they have full coverage.lol
Driver of the vehicle in which the person was ejected or the person who hit the car in which the person was ejected. The fact that the person hit another car is extraneous, I think conisdering that ejection would most likely be too fast for anyone to respond adequately.
To keep it simple the person who is responsible for the accident itself is the one who will have to pay for the damages caused by the accident.
Wow I think a good case of real bad luck would be the cause. Poor bastard!~;)x
First of all, shouldn't EVERYONE wear their seat belts ALL THE TIME! Of course, there are people who may sometimes forget or just don't want to put their seat belts. In that case the person that was ejected from the vehicle would be at fault for not wearing a seat belt.it may not be right, but that is what I think..
You seem to be under the mistaken idea that once you are no longer in the vehicle, you are not covered by the vehicle's accident insurance policy. That is simply not true. Anything that happens to you as a result of the vehicle becoming involved in an accident is covered by the insurance policy. You can sue the insurance company for damages if they do not want to pay up or offer too small an amount as a settlement. You can also sue the owner of the vehicle you were riding in for compensation if he was not covered by accident insurance and possibly even if he WAS covered, depending on how severe the damage was to your person. As far as the seatbelts are concerned, there have been plenty of accidents where the seatbelts failed to do the job they were designed for. I personally know of one unlucky victim who was catapulted from his vehicle, seat and all, while still strapped in. The seat brackets snapped off from the force of the impact.
The same person who would be at fault in the origating accident would still be at fault. Just because a person wasn't wearing their seatbelt doesn't make them at fault, I know in some states adults aren't required to wear a seatbelt AND even if you wear a seatbelt sometimes the impact of a crash causes the seatbelt to come undone (I know it happened to me).
The person who caused the crash is at fault. (If it's a fault state, some states are no-fault meaning you each pay for your own damages) The person who was ejected could have a claim against the driver of the car he was ejected from ONLY IF the state they were in did NOT require a seatbelt to be worn. If it is legally required in that state he would not be able to sue the driver for the simple fact that a person can not benefit from an illegal action(in this case not wearing a seatbelt). This can also cause the person who was ejected and not the driver to be the one responsible for the repair to the car he went into.
Auto insurance covers the accident and anything secondary to the accident, except what is illegal(the injuries to the person not wearing a seatbelt in state were it's required).
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