I can’t get a good answer for this as Google is thinking I’m talking just solely on the driver. I’m including passengers who don’t. I’ve seen PSAs that tell you the dangers you pose for others as well when you don’t wear a seatbelt. So if you don’t wear a seatbelt and that results in someone being killed could you not wearing a seatbelt mean you get a manslaughter charge?
Feel free to argue it in court
Sadly, there are plenty of instances of drivers who killed pedestrians doing just that and succeeding. Heck, in two cases the pedestrian was on the sidewalk or inside a building.
- https://dailyprogress.com/news/local/charlottesville-driver-found-not-guilty-of-ivy-road-pedestrian-death/article_f6620862-b94d-11ed-8e8e-2bdbe8368a37.html
- https://www.cbc.ca/news/canada/new-brunswick/bus-driver-found-not-guilty-in-pedestrian-death-1.1362139
- https://www.kolotv.com/content/news/Reno-police-investigating-pedestrian-injury-accident-on-Plumb-Lane--427602243.html
- https://www.capecodtimes.com/story/news/2019/01/04/driver-found-not-guilty-in/6376784007/
- https://www.indaily.com.au/news/2022/08/18/lamborghini-driver-found-not-guilty-over-pedestrian-death
- https://globalnews.ca/video/3873815/driver-found-not-guilty-of-killing-pedestrian-on-leslieville-sidewalk
I think it happens even more when it comes to cyclists being killed by drivers