Damages Reduced

Press, Volume CVII, Issue 31547, 8 December 1967, Page 11

Damages Reduced

DECAUSE her seat belt was not fastened at the time of an accident, a Court in Brunswick, Germany, has ruled that a motorist was not entitled to the total amount of damages she claimed. Even though the motorist was not the guilty party, the Court held her partially responsible for the extent of the injuries, she was awarded only 80 per cent of her claim. In its judgment, the Court referred to a previous ruling by the Federal Court that motor-cyclists must expect a cut in damages if they were riding without crash helmets at the time of an accident.

This earlier ruling is believed to be one of the reasons why German motor-cyclists now almost invariably wear crash helmets. Meanwhile the Swedish car company, Volvo, has made a survey of nearly 29,000 traffic accidents, and has found

that there were no fatal accidents at speeds below 69 m.p.h. in cases where drivers and passengers were wearing lap and diagonal seat belts. The company said that without seat belts, a crash at speeds as low as 12 m.p.h. could be fatal. Researchers have found that most people who sustain fatal injuries in collisions ait moderate speeds die quickly of a haemorrhage caused by rupture of the liver or the spleen. They do not need to be impaled on the steering column for these injuries to be caused, mere impact with the steering wheel together with the high pressure caused by the abrupt halt can lead to fatal ruptures of the internal organs. Liver and spleen are the most often damaged, but the bladder and diaphragm are often damaged in accidents too. Bibs can be broken, lungs damaged, and faces mutilated.

However, the most frequent and dangerous injuries are those to the head and brain. They are particularly likely to be sustained by an unbelted front-seat passenger, who can be catapulted through the windscreen onto the road.