California Seat Belt Laws
Seat belt use is mandatory among drivers and vehicle passengers in the State of California. If you are caught not wearing a seat belt by law enforcement, you could face fines and penalties. If you are involved in a car accident while not wearing a seat belt, this can affect your financial recovery.
Are Seat Belts Required in California?
Yes. California Vehicle Code §27315 requires the use of seat belts for every motor vehicle occupant, with rare exceptions for people who have physical disabilities or medical conditions that prevent the use of a seat belt and certain public employees driving authorized emergency vehicles.
Seat belts are recognized as one of the most important safety devices for preventing serious and fatal injuries in automobile accidents in Los Angeles. Seat belts keep occupants securely in position during a crash, in the proper location for optimal protection from injury. When used in conjunction with airbags, seat belts can be highly effective at preventing life-threatening injuries.
California has one of the highest seat belt usage rates in the country (96.2 percent in 2023). If you are not an exempt person, you are required to buckle up on every drive in California – even for short distances. You are also responsible for properly securing any child passengers in the correct safety restraint systems.
California’s Child Safety Seat Laws
Special safety restraint systems are required for all children in California. As long as a child is under the age of 12 and below the height of 4’9”, he or she must be restrained in the proper car seat or harness.
The correct car seat based on a child’s age, height and weight are:
- Rear-facing car seat: children under two years old must be strapped into rear-facing seats with a five-point harness until the child exceeds 40 pounds in weight or 40 inches in height.
- Forward-facing car seat: children can graduate to forward-facing seats once they’ve reached the maximum height or weight limit for the rear-facing car seat (as per the manufacturer).
- Booster seat: children under the age of eight must use booster seats with their seat belts until the child has reached 4’9” in height.
- Seat belt: children who are 16 years and older must wear seat belts under the state’s Mandatory Seat Belt Law.
Furthermore, child passengers should ride in the rear of a vehicle, unless the vehicle has no rear seat or all rear seats are occupied by children under the age of seven. If a child must ride in the front seat, the airbag must be disabled.
What Are the Penalties for Not Wearing a Seat Belt in California?
Not wearing a seat belt is a primary offense in California, meaning law enforcement officers have the right to conduct traffic stops for this reason alone. A ticket for failure to wear a seat belt is $20 for a first offense and $50 for subsequent offenses, plus surcharges.
If the driver of a vehicle fails to properly secure child passengers according to California law, they can face fines of $500 per violation. In some cases, the driver could also receive points against his or her driver’s license for this offense.
Can Not Wearing a Seat Belt Impact a Car Accident Case?
Yes, the failure to wear a seat belt in California can negatively impact a car accident case. Since seat belts and child safety seats are mandatory under state law, violations can be used against injured car accident victims by insurers.
If a car insurance company can prove that the victim’s injuries would not have been as severe had he or she been wearing a seat belt, the victim’s settlement can be diminished by a certain percentage for comparative fault. If you get involved in a car accident where you were not wearing a seat belt, it is important to contact a car accident attorney for claims assistance. A lawyer can go up against insurance companies and combat the seat belt defense to help you optimize the outcome of your case.