Tracy Morgan: ‘I Can’t Believe Walmart Is Blaming Me’ for Crash Injuries

Wal-Mart's driver caused the crash, but Morgan wasn't wearing a seat belt. I wonder how many other people would be just as surprised if something like this happened to them? 

Mr. Morgan called Wal-Mart's argument "despicable."  I don't think so, and neither does the prevailing legal thought in the USA - and probably elsewhere as well.  When you do not do everything reasonable to protect yourself from risk, then the other seemingly culpable party in an injury case may not be held fully responsible.  Depending on where you live, this concept may be memorialized as contributory negligence, or perhaps comparative negligence.  I am told these are two slightly different concepts (along the same lines).  If you do not wear your seat belts, and injuries result in an ensuing collision, the portion of your injuries deemed caused by your failure to wear them will likely be deducted from any claim you might win. Think about it... why would "they" shoulder the complete responsibility when the liability is, in reality, shared?

In my city, about two and a half decades ago, a local police chief and seat belt wearer was driving to a local car wash.  Since it was just a short distance, in his own neighborhood, the Chief did not fasten his seat belt.  He was t-boned by an extremely drunk driver (my characterization) and he suffered a severe, paralyzing back injury, which shortened his life significantly. He lived long enough to sue the drunk driver -- but because his injuries were judged to be about 50% caused by his own failure to wear the belt, the court reduced his award by that amount.  When you think about the costs associated with the treatment of this kind of injury, we're talking about a responsibility of millions of dollars in his case.

These concepts apply to any such liability situation -- failure to wear a helmet in a motorcycle crash, for example, or a case where a collision is a result of failures by both drivers to observe traffic laws -- you run a red light and hit someone who was drunk and speeding, just to name a couple.  A jury might decide 50/50, like in the Chief's case, or maybe 60/40, whatever.  It will vary according to the circumstances.

So if you are not convinced by the overwhelming safety considerations to wear your belts -- at least do it to protect your wallet and your family's future!

Hey... keep the shiny side up, eh?