In California, the simple click of a seatbelt is more than just a safety habit – it is a legal requirement that can make or break your personal injury case. Under California Vehicle Code § 27315, also known as the Motor Vehicle Safety Act, every driver and passenger 16 years or older must wear a seatbelt. If you are pulled over, the driver can be cited for their own non-compliance and for any passenger under 16 who isn’t buckled in.
While modern public safety campaigns like “Click It or Ticket” have pushed the national usage rate over 91%, some still view seatbelts as an inconvenience. However, the stakes go beyond a simple traffic ticket. According to the National Highway Transportation Safety Administration (NHTSA), seatbelts save roughly 15,000 lives annually, yet thousands more fatalities could be prevented with 100% compliance.
California Child Restraint Requirements
California law is particularly strict regarding young passengers. To protect the most vulnerable, the following rules apply:
- Children under 2: Must ride in a rear-facing car seat unless they weigh 40+ pounds or are 40+ inches tall.
- Children under 8: Must be secured in a car seat or booster seat in the back seat.
- Children 8 or older (or 4’9”+): May use a standard seatbelt, though a booster is recommended if the belt does not fit properly.
- Safety Tip: All children under 13 should ride in the back seat to avoid injuries from airbag deployment.
The “Seatbelt Defense” and Comparative Negligence
The most critical takeaway for personal injury plaintiffs is how California’s pure comparative negligence system treats seatbelt non-use. If you are injured in an accident caused by a negligent driver (such as a drunk or distracted driver), their insurance company will likely employ the “Seatbelt Defense.” In California, if you were not wearing a seatbelt at the time of the crash, the court may determine that you contributed to your own injuries. Under comparative negligence rules, your financial recovery is reduced by your percentage of fault.
Example: You are hit by a driver who ran a red light. You suffer $100,000 in damages. However, the defense proves that if you had been wearing a seatbelt, your injuries would have been 25% less severe. In this scenario, your total recovery would be reduced to $75,000.
Ensuring Maximum Protection
To protect your health and your legal rights, ensure your seatbelt is worn correctly:
- Lap Belt: Low across the hips/pelvis, never across the stomach.
- Shoulder Strap: Across the center of the chest, never under the arm or behind the back.
- Seating Position: Keep the seat back upright to minimize the gap between your chest and the strap.
We represent people injured as a result of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. Insurance companies have paid our clients hundreds of millions of dollars in compensation because we uncover the facts. When insurance companies fail to offer full compensation, we are not intimidated at the prospect of going to trial. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 916-714-7672 or visit www.gblegal.com