Seat Belt Laws by State
Despite the general guidance that drivers and passengers should always wear a seat belt for safety, the legal implications of seat belt use are a little more complex, especially from one state to another.
Understanding the differences in seat belt laws by state helps ensure compliance and safety during travel, but it can also assist in building a strong legal case where questions arise. Seat belt regulations and the associated legal issues for noncompliance differ across states, which can directly impact the outcome of personal injury lawsuits. Recognizing how seat belt laws influence liability and damages is essential for plaintiffs and attorneys.
Below, we explore the basics of seat belt laws, including distinctions between primary and secondary enforcement and specific requirements for front and rear seat passengers. We also discuss situations that trigger driver versus passenger liability, age-specific laws, and state-by-state seat belt regulations.[1]
Key Points
- Primary and secondary state laws determine seat belt enforcement.
- All states have seat belt laws, but they differ wildly between areas.
- Differentiation in state seat belt laws factors into insurance claims and lawsuits.
Seat Belt Law Basics
Seat belt laws in the United States ensure the safety of vehicle occupants. Some states mandate seat belt use for all passengers inside a car or truck, while others focus on front-seat passengers.[1] Other states charge hefty fines when unbuckled passengers are under certain ages.[1] Properly navigating the difference between these state laws can increase the chances of a fair settlement.
Primary Vs Secondary Laws
A plaintiff’s liability and car accident pre-settlement funding may differ depending on whether their state complies with primary or secondary seat belt laws. In states with primary seat belt laws, law enforcement officers can ticket drivers for not wearing a seat belt. Conversely, in states with secondary enforcement laws, officers may only issue seat belt citations when stopping drivers for another traffic violation.[1]
Front Seat Vs Rear Seat Passengers
Some states only require drivers and front-seat passengers to wear seat belts, while others mandate passengers buckle up. New Hampshire is the only state without adult seat belt laws.[1] As for the other 49, failure to comply with the laws may affect the outcome of insurance claims and legal cases.[1]
Driver Liability Vs Passenger Liability
Liability for seat belt usage may fall on the driver or passenger.[2] In some states, drivers are responsible for ensuring passengers buckle up during rides, while in others, the passengers assume liability for their actions or inactions.[1][2]
Understanding who has legal responsibility matters because it can impact the outcome of accident claims. As a driver, it’s probably helpful to ask your passengers to buckle up before you leave. This will reduce ambiguity and eliminate driver or passenger liability as a concern.
Age Requirements
Many states have age-specific requirements for seat belt and child safety.[1][3] The law requires children to use special car seats nationwide, but the stipulations differ based on the child’s age, weight, and state of residence.[3] If a child isn’t properly secured, drivers can face fines of $10 to $500 and receive points on their license.[1][3] Following the age-specific regulations in each state ensures safety for young travelers.
Seat Belt Laws State-by-State
Seat belt laws vary by state, and these differences can have profound implications on car accident claims. While seat belt laws may be similar across states, few regulations have identical wording.
Suppose you have questions about whether a state’s seat belt laws can influence your settlement eligibility. In that case, it’s important to determine whether the state follows primary or secondary enforcement laws, as insurance companies and legal professionals may evaluate this during a pending case.
Understanding the nuances of seat belt laws may help plaintiffs and their attorneys reach a better settlement and understand whether a case qualifies for pre-settlement funding. Below, we provide a list of seat belt laws by state, highlighting regulations, who is covered, and enforcement mechanisms.[1][3]
| State | Enforcement | Who Is Covered? | Seat Requirements |
| Alabama | Primary | 15 and over | Front and rear seat belts |
| Alaska | Primary | 16 and over | Front and rear seat belts |
| Arizona | Secondary | 8 and over | Front and rear seat belts for passengers 8-15; front seat belts for passengers 8 and over |
| Arkansas | Primary | 15 and over | Front seat belts |
| California | Primary | 16 and over | Front and rear seat belts |
| Colorado | Secondary | 16 and over | Front seat belts |
| Connecticut | Primary | 8 and over | Front and rear seat belts |
| Delaware | Primary | 16 and over | Front and rear seat belts |
| Florida | Primary | 6 and over | Front and rear seat belts for occupants 6-17; front for those 6 and over |
| Georgia | Primary | 8 and older | Front and rear seat belts for occupants 8-17; front for those 18 and over |
| Hawaii | Primary | 8 and over | Front and rear seat belts |
| Idaho | Secondary | 7 and over | Front and rear seat belts |
| Illinois | Primary | 16 and over | Front and rear seat belts |
| Indiana | Primary | 16 and over | Front and rear seat belts |
| Iowa | Primary | All ages | Front seat belts |
| Kansas | Primary/Secondary | 14 and over | Front and rear seat belts for occupants 14-17; front for those 18 and over; secondary enforcement for adults’ rear seat belts |
| Kentucky | Primary | 7 and under (of a certain height) and 8 and older | Front and rear seat belts |
| Louisiana | Primary | 13 and over | Front and rear seat belts |
| Maine | Primary | All ages | Front and rear seat belts |
| Maryland | Primary for front; secondary for rear | 16 and older | Front and rear seat belts for occupants under 16; front for those 16 and over |
| Massachusetts | Secondary | 13 and over | Front and rear seat belts |
| Michigan | Primary | 16 and over | Front seat belts |
| Minnesota | Primary | 7 and under (of a certain height) and 8 and older | Front and rear seat belts |
| Mississippi | Primary | 7 and over | Front and rear seat belts |
| Missouri | Secondary; primary for those 8-15 | 8 and over | Front and rear seat belts for occupants 8-15; front for those 16 and over |
| Montana | Secondary | 6 and over | Front and rear seat belts |
| Nebraska | Secondary | 18 and over | Front seat belts |
| Nevada | Secondary | 6 and over | Front and rear seat belts |
| New Hampshire | None | N/A | Front and rear seat belts for those under 18 per child passenger laws |
| New Jersey | Primary; secondary for rear seat riders | 7 and under (of a certain height) and 8 and older | Front and rear seat belts |
| New Mexico | Primary | 18 and over | Front and rear seat belts |
| New York | Primary | All ages | Front and rear seat belts |
| North Carolina | Primary; secondary for rear seat riders | 16 and over | Front and rear seat belts |
| North Dakota | Secondary | All ages | Front and rear seat belts |
| Ohio | Secondary | 8 and over | Front and rear seat belts per primary enforcement for riders 8-14; front seat belts for 15 and over |
| Oklahoma | Primary | 13 and over | Front seat belts |
| Oregon | Primary | All ages | Front and rear seat belts |
| Pennsylvania | Secondary; primary for ages 8-17 | 8 and over | Front and rear seat belts for occupants 8-17 |
| Rhode Island | Primary | 8 and over | Front and rear seat belts |
| South Carolina | Primary | 8 and over | Front and rear seat belts |
| South Dakota | Secondary | 18 and over | Front seat belts |
| Tennessee | Primary | 16 and over | Front seat belts |
| Texas | Primary | 7 and under (of a certain height) and 8 and older | Front and rear seat belts |
| Utah | Primary | 16 and over | Front and rear seat belts |
| Vermont | Secondary; primary for riders under 18 | 18 and over | Front and rear seat belts |
| Virginia | Secondary; primary for riders under 18 | All drivers; passengers 18 and over | Front seat belts; front and rear seat belts for riders under 18 |
| Washington | Primary | Over 16 or a certain height | Front and rear seat belts |
| West Virginia | Primary | 8 and over | Front seat belts for those 8-17 |
| Wisconsin | Primary | 8 and over | Front and rear seat belts |
| Wyoming | Secondary | 9 and over | Front and rear seat belts |
| Washington D.C. | Primary | 16 and over | Front and rear seat belts |
How Client Litigation Funding Can Help
Recovering from a car accident often brings financial challenges, making it difficult to cover everyday expenses. USClaims may be able to help with pre-settlement funding, which can provide critical support during the legal process. This allows both plaintiffs and attorneys to focus on the case without the added burden of financial stress. For more detailed information, our settlement funding FAQs page is available.
Contact USClaims today to see how we can give you the padding needed to work toward a fair resolution in your car accident lawsuit.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
Sources
- GHSA. www.ghsa.org/state-laws/issues/seat%20belts.
- “Seat Belts | NHTSA.” NHTSA, www.nhtsa.gov/vehicle-safety/seat-belts.
- GHSA. www.ghsa.org/state-laws/issues/child%20passenger%20safety.
