Seat belt laws in Virginia: How they may impact your injury claim

Did you know that wearing a seat belt in Virginia in 1987 was a personal choice, and no police officer could stop you for the violation? Today, it’s funny to imagine driving around Richmond or Charlottesville with no belt on, carefree even while passing through a police checkpoint.

It took considerable time and a large amount of activist effort to convince the people of Virginia to take seat belts seriously.  The state would officially pass a legal seat belt requirement in 1988, helping lower the risk of accident-related injury and fatalities considerably. According to the National Highway Traffic Safety Administration, buckling up as a front-seat passenger reduces fatal injury by 45% and moderate to critical injury by 50%.

And while wearing a seat belt is, of course, incredibly important for on-the-road safety, it’s also important to know that, in the event of an accident, you are eligible to file a claim in Virginia even if you were not wearing a belt. According to Virginia seatbelt laws under Va. Code §46.2-1094(D):

• Lack of a seat belt cannot be considered contributory negligence.
• A seat belt violation does not impact compensation for a car accident claim. The driver at fault will still be liable for the accident.
• Lack of a seat belt cannot be used as evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle.

So, even if you forgot to buckle up, you shouldn’t hesitate to consult a car accident lawyer after being involved in an auto accident. In fact, consulting with a lawyer as soon as possible can immensely benefit your case and help you proceed in a timely manner.

Why wear seat belts?

Seat belts are the most effective way to reduce the risk of harm in a car accident. They are crucial to keeping you buckled securely inside the car in the event of a crash and help distribute crash pressure across body parts such as shoulders and hips. They also keep you from being ejected out of the vehicle, which is the number one cause of fatality in an auto accident. Let’s break these down:

• Reduces injury and death risks: The NHTSA states that people who are not wearing belts are 25 times more likely to be thrown out of cars as compared to those who use belts.
• Impact force distribution: In a sudden collision, our body experiences a high-impact jerk, resulting in neck, shoulder, hip, or pelvic injuries. Seat belts distribute the force of impact on shoulders and hips, reducing risks of injuries and death.
• Work with airbags: Always remember that airbags work together with seat belts, not in place of them. Don’t assume a vehicle equipped with airbags means you can get away with not buckling up.
• Prevents ejection: Wearing a seat belt prevents you from being thrown out of the windshield in a crash or collision.

Let’s look at the history of seat belt laws in Virginia, how they came to be mandatory, and what impact not wearing a seat belt has on your claim in the event of an accident.

Virginia seat belt laws

Virginia takes its seat belt laws seriously, as they are a significant safety factor. The law clearly defines who is required to wear belts, what kind of seat belts are required for infants and children under 18, and the punishment for those who fail to abide by the law.

Virginia’s resistance against initial seat belt regulation

In 1968, the first federal seat belt requirements were issued, requiring all drivers and passengers to wear seat belts, except on buses. Cars began being manufactured in compliance, coming with two front-seat lap belts installed. Nevertheless, wearing seat belts remained voluntary at the state level.

Later, in 1984, the first formal seat belt regulation was issued by the National Highway Transport Safety Administration (NHTSA) under federal motor vehicle standards. The law was primarily enforced at the state level. New York issued an early law requiring seat belt usage only for children under ten, and New Jersey made it a requirement for all adults in 1985.

However, politicians and most states, including Virginia, were reluctant to require seat belts because they viewed the regulation as an infringement on personal freedom. Legislators in Virginia proposed seat belt regulations in 1986, only to be vehemently opposed by the public. People simply refused to be stopped by police just because they were not wearing seat belts.

Virginia finally passed its first seat belt law in 1988, and then, in the 1990s, the federal government threatened to stop highway funding, further encouraging Virginia residents to start buckling up.

Current seat belt laws in Virginia

The Virginia Department of Motor Vehicles clearly states that “Virginia law requires all front seat occupants of motor vehicles to be restrained, and any passenger from birth to 18 years old must be properly restrained in an appropriate child safety seat or seat belt, no matter their seating position. Virginia law also requires that rear-facing child safety seats be placed in the back seat of a vehicle.”

The state’s major seat belt regulation requirements are:

• Backseat passengers are also required to wear seat belts
• Police are not allowed to stop you solely for a belt violation, as it is considered a secondary offense
• There is a general $25 fine for first-time seat belt violations in most counties in Virginia
• For drivers traveling with children, there is a $50 fine for not properly securing a child with a seat belt, plus a $500 fine for repeat offense

Virginia seat belt laws for children

Virginia’s safety belt laws for kids clearly outline the proper use of booster seats, child safety seats, age, weight, and height to ensure maximum safety for kids of all ages:

• Children under 8 must be secured in a booster seat or car seat that meets federal standards. Rear-facing seats must be placed in the back seats unless the airbag in the front passenger seat is deactivated.
• Children 4-8 are allowed to use a standard seat belt if their size, weight, and height make child restraints impractical. However, the driver must present a waiver signed by a Virginia physician.
• Children 8-18 must be secured with a seat belt, including a lap belt, shoulder harness, or a combination of both.

Illegal seat belt tricks

Despite clear laws and regulations, some drivers still fail to buckle up and resort to illegal tricks that are not only harmful to them but for other people on the road. The following seat belt tricks are unlawful under Virginia law:

• Wearing the seat belt behind the back instead of over the shoulder to pretend the belt is on
• Turning off the seat belt warning alarm by using an illegal seat belt release clip that detaches the belt latch
• Putting weight on the seat buckle as a false sensor to turn off the alarm.
• Mechanically tampering with the seat belt alarm, violating federal regulations
• Only putting on a seat belt when a police officer is within sight and taking it off when officers are not around
• Falsely presenting medical exemptions
• Back-seat passengers sometimes wrongly assume the regulation is for only front-seat occupants. The law clearly requires all passengers to wear seat belts, provided the vehicle is equipped with them.

Caught in an accident while not wearing a seat belt?

Seat belts are crucial safety features that significantly reduce the chance of injury and, in some cases, prevent death in the event of auto accidents. Virginia seat belt laws require buckling up for all seating positions to ensure safety for everyone on the road.

Remember, you have the right to sue the at-fault driver and their insurer even if you were not wearing a seat belt in an accident. According to the VA Laws, your seat belt violation cannot be used as negligence in court, nor could it be used to minimize the impact of any compensation.

However, consulting a car accident lawyer is highly recommended, even crucial, in order to successfully present your case in light of Virginia’s seat belt laws and regulations. Having a dedicated partner on your side to advocate for your rights, protect you from unfair liability,  and represent you every step of the way is critical— the insurer will fight tooth and nail to prove partial liability on your end and minimize the other driver’s liability.

Don’t hesitate to contact an experienced Richmond car accident lawyer at Phelan Petty Injury Lawyers for a free case evaluation. We ensure that our clients receive optimum representation to redress their losses. Fill out our contact form or call us toll-free today.