Your negligence in the collision (if any) has little to do with the bac (or bal) The passenger's negligence in failing to wear a seat belt could be used as a defense (in whole or in part) to a civil claim brought by his/her estate. The blood alcohol level could be argued to the jury to establish your fault in the accident, but the failure to wear a seat belt could be used against the deceased.
Answered on Oct 29th, 2012 at 6:49 PM