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Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation

Traffic crashes are a common cause of injury and death, and often result from the negligent actions of an inattentive, speeding, or impaired driver. In such cases, a civil legal action may be brought by an injured claimant for compensation for injuries resulting from a crash. Crash-related litigatio...

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Autor principal: Freeman, Michael D.
Formato: Online Artículo Texto
Lenguaje:English
Publicado: MDPI 2021
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8467267/
https://www.ncbi.nlm.nih.gov/pubmed/34574380
http://dx.doi.org/10.3390/ijerph18189455
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author Freeman, Michael D.
author_facet Freeman, Michael D.
author_sort Freeman, Michael D.
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description Traffic crashes are a common cause of injury and death, and often result from the negligent actions of an inattentive, speeding, or impaired driver. In such cases, a civil legal action may be brought by an injured claimant for compensation for injuries resulting from a crash. Crash-related litigation is defended on various theories, one of which is to raise the issue of contributory negligence when the claimant was not using an available seat belt at the time of the crash, based on the assertion that the claimed injuries would have been avoided or minimized to some degree if the claimant had been restrained. At present, there are no published standards or systematic approach for assessing and quantifying the contribution of seat belt non-use to the cause of a claimant’s specific injury. A reliable medicolegal analysis that addresses whether contributory negligence can be proven in a specific case requires a multidisciplinary approach: First, the nature and severity of the crash must be reconstructed as it affected the vehicle kinetics (engineering) and in turn affected the kinematics of the occupant (biomechanics), next, the injuries must be described and scaled for severity (medicine/pathology), and finally, the risk of the known injuries given the actual circumstances of the crash and occupant (i.e., unbelted) are compared to the risk of the same injuries, and the same crash circumstances, but in the hypothetical scenario in which the claimant is belted. In the present discussion, methods for analyzing the presence and quantifying the degree of contributory negligence for seat belt non-use, suitable for presentation in a medicolegal setting, are described and illustrated with an example from the author’s personal case inventory. A detailed reconstruction of the crash is described, along with the associated occupant kinematics, and the resulting observed injuries. The injuries are then categorized by their anatomical location, type, and severity using Abbreviated Injury Scale designations. Quantification of the injury risk for the actual (unbelted) vs. hypothetical (belted) scenario is based on case-specific analysis of data accessed from a US national crash injury database The difference in risk for the two exposure scenarios can be quantified in terms of either relative risk (a risk ratio) or attributable risk (a risk proportion), with the goal to determine whether the analysis meets the threshold of a relative risk of >2.0, or an attributable risk of 50%, in order to meet the “more probable than not” standard typically required by courts. As a final step in a reliable analysis that exceeds the legal threshold for relevant evidence, the absolute increase in risk is used to quantify the degree to which the claimant’s seat belt non-use contributed to the likelihood of their injuries.
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spelling pubmed-84672672021-09-27 Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation Freeman, Michael D. Int J Environ Res Public Health Article Traffic crashes are a common cause of injury and death, and often result from the negligent actions of an inattentive, speeding, or impaired driver. In such cases, a civil legal action may be brought by an injured claimant for compensation for injuries resulting from a crash. Crash-related litigation is defended on various theories, one of which is to raise the issue of contributory negligence when the claimant was not using an available seat belt at the time of the crash, based on the assertion that the claimed injuries would have been avoided or minimized to some degree if the claimant had been restrained. At present, there are no published standards or systematic approach for assessing and quantifying the contribution of seat belt non-use to the cause of a claimant’s specific injury. A reliable medicolegal analysis that addresses whether contributory negligence can be proven in a specific case requires a multidisciplinary approach: First, the nature and severity of the crash must be reconstructed as it affected the vehicle kinetics (engineering) and in turn affected the kinematics of the occupant (biomechanics), next, the injuries must be described and scaled for severity (medicine/pathology), and finally, the risk of the known injuries given the actual circumstances of the crash and occupant (i.e., unbelted) are compared to the risk of the same injuries, and the same crash circumstances, but in the hypothetical scenario in which the claimant is belted. In the present discussion, methods for analyzing the presence and quantifying the degree of contributory negligence for seat belt non-use, suitable for presentation in a medicolegal setting, are described and illustrated with an example from the author’s personal case inventory. A detailed reconstruction of the crash is described, along with the associated occupant kinematics, and the resulting observed injuries. The injuries are then categorized by their anatomical location, type, and severity using Abbreviated Injury Scale designations. Quantification of the injury risk for the actual (unbelted) vs. hypothetical (belted) scenario is based on case-specific analysis of data accessed from a US national crash injury database The difference in risk for the two exposure scenarios can be quantified in terms of either relative risk (a risk ratio) or attributable risk (a risk proportion), with the goal to determine whether the analysis meets the threshold of a relative risk of >2.0, or an attributable risk of 50%, in order to meet the “more probable than not” standard typically required by courts. As a final step in a reliable analysis that exceeds the legal threshold for relevant evidence, the absolute increase in risk is used to quantify the degree to which the claimant’s seat belt non-use contributed to the likelihood of their injuries. MDPI 2021-09-08 /pmc/articles/PMC8467267/ /pubmed/34574380 http://dx.doi.org/10.3390/ijerph18189455 Text en © 2021 by the author. https://creativecommons.org/licenses/by/4.0/Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
spellingShingle Article
Freeman, Michael D.
Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation
title Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation
title_full Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation
title_fullStr Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation
title_full_unstemmed Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation
title_short Principles and Methods for Evidence-Based Quantification of the Effect of Seat Belt Non-Use in Crash-Related Litigation
title_sort principles and methods for evidence-based quantification of the effect of seat belt non-use in crash-related litigation
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8467267/
https://www.ncbi.nlm.nih.gov/pubmed/34574380
http://dx.doi.org/10.3390/ijerph18189455
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