Seatbelt Law

The uses of seatbelts are not only important to promote safety, but failure to comply results in violation of Veh.C. §27315. The statute states, "No person shall operate a motor vehicle on a highway unless the operator of the vehicle and all passengers over the age of 16 are properly restrained by a safety belt". In addition, it is also unlawful to allow a child under the age of 4 to be transported on a highway without providing a proper restraint system.

Civil Liability for Failure to Wear a Seatbelt

Since there is a duty to install seatbelts, failure to comply may result in a Negligence cause of action. According to Veh.C. §27315, a seatbelt violation alone does not constitute liability. Even if the injured was not wearing a seatbelt it does not warrant an automatic reduction of damages. Instead the reasonableness of the situation is weighed to assess damages. Car sellers may be held liable if the failure to install seatbelts in a motor vehicle results in injury. On the other hand, non-dealers are not required to install seatbelts and negligence is not established.

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