SEATBELTS

One of the greatest safety features in a vehicle is also most simple to employ. Seat belts are credited with saving the lives of over 12,000 Americans in 2012, and have saved an astonishing 69,000 lives between the years of 2006 to 2010 alone. Mandatory use is now the law in every state, with the exception of New Hampshire.

SEATBELT LAWS

Seat belt laws are divided into two categories: primary and secondary. Primary seat belt laws allow law enforcement officers to ticket a driver or passenger for not wearing a seat belt, without the need of another traffic offense to take place. Secondary seat belt laws state that law enforcement officers may issue a ticket for not wearing a seat belt only when there is another citable traffic infraction. Non-conforming primary laws allow exceptions for some vehicles, such as pick-up trucks. 

• Backseat Exemption: Generally, riders in the backseat do not have to wear seat belts after a certain age. Passengers can ride in the back seat without wearing seatbelts ranging from age 7 to 18, depending on state law. Specific laws vary greatly from state to state, depending on the age of the rider and in what seat he or she is sitting. This page covers seat belt laws for adults and young adults only. For requirements for infants, toddlers, and children, see the GHSA’s Child Passenger Safety Laws
• Front Seat Occupants: 33 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico and the Virgin Islands have primary seat belt laws for front seat occupants.
• Rear Seat Occupants: In 16 of these states, D.C., Guam and the Northern Mariana Islands, rear seats are also primary In 4 of these states, rear seats are secondary. The remaining 13 and the Virgin Islands have no belt requirement for adults in rear seats.
• 16 states have secondary In many of these states, the law is primary for younger drivers and/or passengers.
• Rear Seats: In 7 of these states, rear seats are also included. The remaining 10 have no belt requirements for adults in rear seats.
• New Hampshire has enacted neither a primary nor a secondary seat belt law for adults, although the state does have a primary child passenger safety law that covers all drivers and passengers under 18.

DAMAGES REDUCTION

A person involved in a car accident who was not using a seatbelt may be liable for damages far greater than if they had been using a seatbelt. However, when in court, most states protect motorists from having their damages reduced in a lawsuit due to the nonuse of a seatbelt, even if they were acting in violation of the law by not wearing the seatbelt.

Currently, damages may be reduced for the nonuse of a seatbelt in 16 states: Alaska, Arizona, California, Colorado, Florida (See F.S.A. 316.614(10)), Iowa, Michigan, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Oregon, West Virginia, and Wisconsin.