You Need To Know These Important Seat Belt Laws
Seat belt laws might seem inconvenient, but they exist to keep you and your family safe and secure while traveling the roads. When correctly used, safety restraints save over 90 percent of lives. Each state has its own set of seat belt safety laws, but all are designed to promote safe vehicle travel for everyone. Here’s a look at the laws surrounding seat belt safety, how they are enforced, and what it means for you. Primary vs. Secondary Enforcement To understand how the laws surrounding seat belts are enforced across the United States, it’s essential to understand the concept of primary vs. secondary enforcement. States with primary laws regarding seat belt enforcement allow a police officer to pull over and issue a ticket to a driver primarily for not wearing a seat belt. No other traffic violation needs to have taken place in order for a driver to be pulled over and get a ticket for not being buckled up. States with secondary laws are different. In these states, a police officer may only ticket a driver for not wearing a seatbelt if they’ve been pulled over for a separate traffic offense. For example, if an officer pulled over a driver for speeding or reckless driving, they could then issue a ticket for not wearing a seat belt. Otherwise, they couldn’t pull over and ticket the driver, even if the officer observed them being unbuckled. Driving without a seatbelt is considered a misdemeanor in 49 states, with New Hampshire being the exception. Of those 49 states, 34 have primary seat belt laws for occupants in the front seats. The other 15 states have their laws for seat belts as secondary enforcement. Rear seat occupants are also legally required to wear a seatbelt. Twenty-five states and Washington D.C. include rear occupants in their primary enforcement laws, and in 11 other states, they are secondary enforcement. Federal Seat Belt Laws Federal laws in the United States require that all vehicles have a three-point restraint system, except buses. That’s about as far as federal requirements go. The individual states determine more specific laws regarding seat belts, even including car seat laws. You can find a comprehensive list of car seat laws by state here. Utah Seat Belt Laws Utah enforces primary belt laws for all occupants in a vehicle. Additionally, all children age eight and under must be properly restrained in a booster seat or car seat. The fine for a driver or passenger failing to buckle up is $45. This law includes travelers in RVs and taxis. Seat Belts Save Lives The National Highways Traffic Safety Administration found that seat belts saved an estimated 14,955 lives among vehicle passengers age five and older in 2017. It’s estimated that an additional 2,549 people could have had their lives saved if they’d been wearing their seat belts when a fatal accident occurred. While many lives were saved from buckling up, nearly half of all individuals killed in car accidents were riding without a seat belt on. Failing to wear a seat belt can have serious consequences. It could mean the difference between life and death in a crash. Wearing your seat belt could keep you from being ejected from the vehicle, and it may also stop the force of an airbag from seriously injuring or even killing you. The facts about wearing a seat belt speak for themselves: Wearing your seat belt in the front seat of a passenger car can reduce your risk of fatal injury by 45% Buckling up in a car reduces the risk of moderate to severe injury by 50% Choosing to put on your seat belt in a light truck can reduce the risk of fatal injury by 60% Wearing a seat belt in a truck reduces the risk of moderate to critical injury by 65% There’s no better way to say it. Making the easy choice to put on your seatbelt every time you get in a car can be life-saving. How to Properly Buckle Up The following tips will help you wear your seatbelt correctly to keep you safe in your vehicle: Ensure the lap and shoulder belts are secured across your pelvis, rib cage, and shoulder. These parts of your body are much better able to withstand the force of a car crash without causing severe damage to your body. Don’t allow the shoulder belt to run along your neck. Instead, place it across the middle of your chest. Move the lap belt from your stomach to rest on your hips. Avoid moving the shoulder belt under your arm or behind your back. It can’t keep you safe if it’s not placed correctly. The fit of the seat belt matters. Before buying a new car or driving a rental, check to ensure the belt fits properly. If it doesn’t fit right, a belt extender or belt adjuster can be helpful. Pregnancy can make wearing a seat belt more uncomfortable, but buckling up is still essential to your safety and that of your unborn baby. The seat belt should still fit the same way during pregnancy, with the lap belt sitting below your belly and across your hips and the shoulder belt placed across the center of your chest above your stomach. Avoid letting your baby bump touch the steering wheel and leave as much room as possible between your bump and the wheel. Flickinger Sutterfield & Boulton Is Here For You No one is immune from accidents, even when you’re following all of the seat belt laws. If you or a loved one are involved in a motor vehicle accident, Flickinger Sutterfield & Boulton is here to help. Our personal injury lawyers are ready and available to assist you in the aftermath of an accident. Don’t try to navigate the legal process on your own. The trusted lawyers at our firm will help advocate for you every step of the way. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Contact us
Not Wearing a Seat Belt Can Affect Your Injury Settlement
Did you know that if you’re in a car accident and found guilty of not wearing a seatbelt, it can affect your injury settlement? Not only is a seat belt a necessary safety step, but in the state of Utah, it’s a requirement by law to buckle up. Take a closer look at Utah seat belt laws and how insurance companies can use failure to wear a seat belt against you in a lawsuit. Utah State Law According to the Utah Department of Public Safety, the “Click It or Ticket” law is as follows: “law enforcement can stop and educate individuals for driving unbuckled on Utah roads.” If you or anyone in your vehicle is not correctly restrained, you can be issued a $45 citation. Proper restrainment is defined as placing the shoulder belt across your clavicle and down the middle of the chest. The lap belt should be across the hips and below your stomach. If the shoulder strap is placed behind you or under your arm, you could be penalized for your seat belt’s improper wear. How Not Wearing a Seatbelt Affects Your Injury Settlement The most important thing to remember is that failure to wear a seat belt is a safety concern more than anything. However, there are financial and legal repercussions that can occur if you forget to buckle up. Increased Cost – Car crashes are often much more expensive if you’re not adequately secured because you will likely sustain more severe injuries. These injuries can result in longer hospital stays, ambulance bills, and overall increase medical expenses. And while wearing a seatbelt can’t completely prevent you from any harm, in many ways, a seat belt can reduce your likelihood of serious injuries and even death. By always being proactive and protecting yourself from severe damage, you can dramatically reduce your medical bills that will follow in the event of a car accident. Legal Repercussions – If you are found not to have been wearing a seatbelt at the time of the car crash, it can impact your chances of getting the highest amount of financial compensation for your medical bills. The state of Utah practices comparative negligence, which means that to recover damages in a personal injury lawsuit, you have to be found less at fault for your injuries than the other parties involved in the accident. According to NOLO, “your failure to wear a seatbelt may prevent you from receiving a better financial outcome.” Not wearing a seat belt can show that you are at least somewhat responsible for your injuries, and even if you’re at fault less than the other party, there is a possibility that you can regain only a portion of your injury settlement. Contact Flickenger Sutterfield and Boulton At Flickinger Sutterfield and Boulton, we believe that when you’ve been injured in a car accident, you need someone by your side to help you fight for the compensation you deserve. We have been representing Utah citizens hurt in car accidents for 25 years and are eager to help you recover financially. Contact our law offices today to maximize your injury settlement. We are located in West Jordan, Orem, Saratoga Springs, and Provo.
Seat Belt Laws in Utah
Wearing a seat belt is an absolute necessity when operating or riding in a motor vehicle. This is why there are several seat belt laws in Utah. The Utah Department of Public Safety states that “seat belts are the most effective safety device for preventing death or injury.” When driving, it is important to understand Utah’s laws about wearing a seat belt to ensure the safety of the driver and passengers. All Passengers Must Wear a Seat Belt According to the Motor Vehicle Safety Belt Usage Act, all passengers in a vehicle must wear a seat belt that fits properly and is securely fastened. The purpose of this law is to help motivate drivers and passengers to always wear a seat belt. If a seat belt is not properly worn, you are at the risk of receiving a citation. Even worse than fines, major injury and death can occur without the use of a seat belt. The use of a seat belt can reduce the risk of injury or death by 50% when they are used correctly. Buckle up instead of taking such a huge risk. Children Under 8 Car seats are essential for children under the age of eight. Children’s bodies are too small for seat belts to be helpful in a car crash. The proper use of a car seat can significantly reduce the chance of injury or death when in an accident. Car seats are most effective when they are the correct model based on the size and weight of the child. Do your research to determine the most accurate model for your child, and then take the time to install it correctly. Once a child is 57 inches or taller, they can begin to use a seat belt. They should be able to naturally rest their back against the seat of the car and bend their knees over the edge of the seat. Drivers are Responsible Seat belt laws in Utah clearly state who is responsible for the passengers in the car. The driver is legally responsible for any passenger who is 16-years-old or younger; this applies to whether or not they are wearing a seat belt. This is an immense responsibility. When driving, make sure all passengers are appropriately buckled in, not only for their own safety, but in order to avoid a citation as well. The Citation If a driver is pulled over and they, or a passenger, are not properly using a seat belt or a car seat, a $45 citation can be issued. A warning may be given in place of the first citation if the police officer sees fit. In certain situations, the fine can be waived if a 30-minute, online safety course is completed. Common Offenders According to the Department of Safety, males aged 18-34 are the most common offenders of not using a seat belt. After that, males who are 55 and older are the most common. No matter the age or gender, every person should use a seat belt. Again, the risk is far too high to take a chance. Flickinger Sutterfield & Boulton You may be following all of the seat belt laws in Utah, but even the safest and most skilled drivers are not immune to accidents. If you become involved in an accident, Flickinger Sutterfield & Boulton is here to help. We have offices in Utah County and West Jordan. Contact us to discuss your situation.