Car Accident In California — Injured Party Not Wearing A Seatbelt

seat belt car crash lawyer

Car Accident In California

There are no guarantees when it comes to car accident. Seat belts, however, make a critical difference. The National Highway Traffic Safety Administrations (NHTSA) reports that seatbelts are the most effective way to prevent death in a car accident.

In 2014, for example, seatbelts saved the lives of over 1200 people in California car accidents.

When to Wear Your Seatbelt

California law states that all people riding in a passenger car must wear seatbelts. The only exceptions are:

  • People with a medical condition do not have to wear a seatbelt if it is unsafe to do so.
  • People whose job requires them to leave their vehicle frequently do not need to wear seatbelts. (Newspaper and mail carriers, meter readers, garbage truck drivers, etc.)
  • People riding in the backseat of a taxi or limo do not have to use a seatbelt.

California Penalties for Not Wearing a Seatbelt

In California, the driver is responsible for making sure that all of the passengers are wearing a seatbelt. If you do not follow this law, a police officer can give you a ticket.

seat belt car accidentA minimal fine is given the first time you or your passenger is caught without a seatbelt. The court may require you to attend a driving school course instead of paying that fine.

Each ticket after the first one is a usually a $50 fine plus other costs, such as penalty and assessment.

The penalty for a child not wearing a seatbelt can be $100 even if this was your first seatbelt-related ticket.

California Laws for Child Seats

California law requires children under 6 years old or less than 60 pounds to sit in the rear of the car. Babies and small children need to be placed in the backseat with rear-facing car-seats.

Once the child is over 35 pounds, front-facing car-seats are available with a seatbelt that resembles a harness.

Even after a child is over 40 pounds, the child may still need a booster seat in the car depending on his/her height.

Seatbelt Fast Facts

  • Without a seatbelt, you are 30 times more likely to be thrown from a vehicle in an accident.
  • The NHTSA reports that 75% of passengers who are thrown from the car are killed.
  • Men are less likely to wear seatbelts than women.
  • Over half of the teens killed in car crashes were riding without a seatbelt.
  • The NHTSA states that seatbelts reduce overall crash fatalities by nearly 50%.

Personal Injury Attorneys for Car Accident

Even if you or a loved one was injured or killed from not wearing a seatbelt, you can still make a claim for the injuries or death and possibly win a lawsuit against the driver who caused the accident.

Benjamin Drake will help you understand what compensation you are eligible to receive and will get you the justice you deserve.

Click to call 844 51-DRAKE my office today to schedule your free consultation to get answers to all of your questions so you can make an informed decision on how to proceed with your claim.
Benjamin Drake aggressively represents victims of personal injury and has recovered millions for clients in Los Angeles, San Bernardino, Riverside, Orange county, Bay Area and San Joaquin County.