Games & Entertainment

Reckless Drivers
Could a passenger without a seatbelt sue a driver for reckless endangerment?

Assume that the passenger is beltless because there are more passengers than seatbelts. Answers specific to Colorado as necessary would be great.
Say the person was seated in the backseat, and there was no collision, hypothetically.

EDIT: Since you said (or at least seem to have said) that this is a hypothetical situation, no lawsuit is possible. Also, since you’re talking about the back seat, still no lawsuit is possible because this is a hypothetical situation.

EDIT: I see you have added details. By Colorado law, those seated in the back seat do not need to have a seat belt buckled.

I still can’t offer you legal advice but it would seem to me that backseat passengers don’t need to be buckled up. Still, you need to contact the police department or a lawyer to see if a lawsuit is possible (if There Were injury to someone in the vehicle).

One other thing you didn’t mention. Was this vehicle a 1967 or earlier year. The seat belt law doesn’t apply to to those vehicles (based on Colorado law as indiciated by the link below).

http://www.dmv.org/co-colorado/safety-laws.php

Seat Belt Law (just scroll down to where it says seat belt laws)

Seat belts are mandatory for the driver and all front seat passengers.

Exceptions to this rule follow:

* Operating a vehicle manufactured before 1968―the year seat belts became federally required.

* Passengers with a physical or psychological disability are exempt from wearing a seat belt. A medical statement explaining the disability and the reason why a seat belt is inappropriate must accompany the passenger.

Not buckling up is considered a secondary violation. You Can only be cited if you’ve been stopped for another reason, such as speeding or zooming through a stop sign.

Now, you didn’t specify if the person was sitting in the front seat or back. You didn’t specify if there was an accident or if anyone was injured.

Now, when people get in my car, I always tell them to buckle up and I don’t let more than one person in the front seat.

I would think it’s the responsibility of the driver to make sure that all in the front seat be buckled up but shouldn’t each person take responsibility for themselves? Your Best bet is to consult a lawyer. This is their specialty.

Kombat Kars – GAME – RECKLESS DRIVERS SUGGESTED – NEW $9.95

Swinton Setting New Standard for Penalty Pointed Drivers

Swinton setting new standard for penalty pointed drivers.

Drivers with six points or more on their licence looking for motor insurance could soon be viewed as ‘standard’ rather than ‘non-standard’ says Swinton, the UK’s largest high street motor insurance broker.
Pointed drivers are no longer automatically penalised at Swinton as a result of the increase in the number of motorists now saddled with penalty points. And the move reflects a change in attitude by the motor insurance industry as the estimated number of pointed motorists tops 6 million*.

With the 6,000 speed cameras on our roads already catching over 2 million speeders each year, and driving whilst using a mobile phone now costing the driver three points, an unblemished licence is becoming rare.

Swinton announced it had seen a 12% increase in the number of drivers with points looking for cheaper motor insurance during 2006 – and as a result has set up a dedicated unit to deal with this rising demand. Swinton Specialist was launched earlier this year for drivers of imported, modified and high performance motors. The division is now also handling drivers with penalty points, and is already experiencing a high volume of calls.

Neil Ackinclose, head of Swinton Specialist Motor insurance, explained: “Over the last few years we have seen a dramatic increase in the number of drivers with penalty points requesting insurance. A few years ago insurers might have assumed that a motorist with six or more points on their licence was a reckless driver, but that is no longer necessarily the case.

“A 2006 YouGov survey estimated that 16% of drivers now have points on their license. As that figure continues to grow – with some estimating the actual number of pointed drivers to be in the region of 10 million – insurance providers are having to accept that points alone can no longer be used as a yardstick for driver evaluation.

“Here at Swinton we have set up Swinton Specialist – a dedicated unit to deal with non-standard motor insurance – where drivers with any number of points are treated as individuals. We look at full driving history and aim find a value policy to suit each car owner, whatever the vehicle.”

Any driver interested

About the Author

Swinton Colonnade is the biggest insurance broker on the high street, with branches covering 90% of the UK. Swinton Group was acquired by its parent company MMA Insurance in May 2001. http://www.swinton.co.uk/Penalty Pointed Drivers