Seatbelt use is required by Texas law both said drivers and passengers in any seat within the vehicle. Section 545.413 of the Texas Transportation Code makes it illegal for individuals aged 15 and older in both the front and back seats to be driving without seatbelts, with possible criminal penalties. Children younger than eight years old must be properly secured in an approved child passenger restraint system unless they are taller than four feet nine inches. Adhering to these laws can ensure safety and protect people from legal issues.
Seat belt use can also affect personal injury claims in car accident cases. Texas's seat belt law adheres to a comparative fault system, meaning that failing to wear a seat belt can impact the amount of damage compensation you receive if it plays a role in the severity of the injuries you suffer in an accident.
Seat Belt Facts
Lack of seat belt wearing is a major issue in the U.S. Out of all children ages 12 years old and younger who died in car accidents in 2017, 35% were not using safety restraint devices. In 2017, about 675 children died and 116,000 suffered serious injuries in motor vehicle accidents. The Texas Department of Transportation finds that seat belts can improve the odds of survival in a car accident by 50% for front-seat passengers. Combined with airbags, wearing a seat belt is the most effective way to reduce serious injuries and fatalities in car accidents.
Car accidents are one of the top leading causes of death for those under 54 in the U.S. In 2017, 23,714 vehicle occupants lost their lives in motor vehicle accidents in the U.S. If everyone in these accidents had been wearing seat belts, thousands likely would have survived. Seat belts prevented an estimated 15,000 deaths in 2016. Although airbags are also important for preventing injuries, they are not substitutes for seat belts.
Penalties for not wearing a seat belt in Texas
Under state law, not wearing a seat belt results in fines and court costs of between $25 and $250 in Texas. The exact amount varies depending on whether the violation involves a minor. The penalties the driver could face are much more serious if a child is allowed to ride but without the appropriate restraints.
Here are some highlights about penalties:
- For adults: Individual fines can be imposed on anyone age 15 or older who is not wearing a seat belt.
- For drivers with minors in the vehicle: Drivers must ensure that all passengers under the age of 17 are buckled up or face additional fines if compliance is not met.
- For children: Parents or guardians can be fined for failing to put a child in an appropriate child seat as required by law.
Seat belt checks are common as part of safety initiatives by various Dallas law enforcement agencies, so buckle up or be prepared to pay expensive fines and schedule court dates.
Are there any seat belt exemptions?
Yes, Texas law provides limited exemptions to seat belt requirements, outlined in the Texas Transportation Code. These exemptions are specific and apply only under certain conditions. Here are the primary examples:
- Medical conditions: Individuals with a documented medical condition or physical disability that makes seat belt use impractical may be exempt. This exemption typically requires a written statement from a licensed physician explaining the nature of the condition and why seat belt use is not feasible.
- Vehicles without seat belts: Older vehicles manufactured before seat belts were mandated, generally before 1968, may qualify for exemptions. These vehicles were not designed with seat belts as standard equipment, and their use is not required by law.
- Occupational use: Certain occupations may be exempt from seat belt requirements while performing specific tasks. For example, drivers operating farm equipment, utility vehicles, or commercial vehicles engaged in designated work-related duties may not need to wear seat belts during those activities.
While these exemptions exist, it is still highly recommended to wear a seat belt whenever possible. Seat belts remain the most effective way to reduce the risk of injury or death in an accident.
What if the passenger is not wearing it?
In Texas, if a passenger is not buckled up, both the passenger and the driver can be penalized. If the passenger is above 15 years of age, they could be fined directly. If the passenger is under 15, the driver is deemed responsible for ensuring the child is strapped in properly.
Some key liability considerations that come to mind are:
- Civil penalties: Passengers 15 years of age and older can be fined $25 to $50 for not wearing a seat belt. The penalties become more severe when minors are involved. Those transporting unrestrained minors can be fined as much as $250, plus added court fees. They have zero tolerance for promoting road safety, and it is a violation of Texas Transportation Code § 545.413.
- The effect on personal injury claims: If a car accident occurs, a passenger's failure to wear a seat belt may have substantial legal and financial implications. Texas employs a comparative fault rule, so an injured passenger’s damages might be reduced if they believe their injuries were aggravated by their failure to wear a seat belt. For example, if a court determines that 20% of a passenger’s injuries could have been avoided if she’d been wearing a seat belt, her compensation could be reduced by that percentage.
Personal injury lawsuits in Dallas frequently involve incidents in which a passenger fails to comply with seat belt laws these incidents have been known, in some cases, to affect the determination of liability and damages in court. Local legal experts say it is important for people to understand those implications.
Seat Belt and Booster Seat Laws
It is against the law in Texas to operate or ride in a motor vehicle without using a safety belt. All drivers and their passengers, of all ages, must wear seat belts. A safety belt violation could cost the driver $25 to $250 in fines, on top of additional court costs. An adult driver will be vicariously responsible for any minors not wearing seat belts or using car seats in the vehicle.
Section 545-412 of the Texas Transportation Code makes it an offense to operate a motor vehicle while transporting a child under eight years old unless that child is in a passenger safety seat system or the child is taller than 4’9.” The fines for breaking Texas’ child seat law is $25 to $250, plus a misdemeanor charge. The rule does not apply to vehicles for hire, such as taxis, as well as if the driver was operating the vehicle in an emergency.
Which Child Safety Seat Should You Use?
Auto manufacturers design seat belts for adult passengers, not for children. The lap and shoulder belts of a safety harness will not fit correctly over a small child. Instead, you must use an appropriate child restraint system to properly protect your child from injuries until he or she is old enough to use a seat belt.
- Rear-facing car seat. Infants up to age two should sit in rear-facing car seats for optimal safety. Newborns should stay in rear-facing seats until they meet the height and/or weight requirements to transition to the next seat.
- Forward-facing car seat. Children ages two to four (or until they reach the maximum height and weight requirements) should sit in forward-facing car seats. All car seats should go in the rear seat of the vehicle.
- Booster seat. Children ages four to eight belong in booster seats, which will lift them to the correct height to properly wear an adult seat belt until they reach 4’9.” The belts should rest on the chest and hips or upper thighs, not the neck or waist.
Children over 8 years old should always wear seat belts and should remain in the back seat until at least age 13. Sitting in the front seat could put a young child at risk of serious injuries from the force of airbag deployment in an accident. Failing to properly secure a child in the appropriate safety seat could lead to a fine in Texas. It could also contribute to serious, life-threatening injuries for the unsecured child in an accident. The best way to keep yourself and your passengers safe is to buckle up.
Contact An Injury Lawyer Today
The Law Office of Aaron A. Herbert offers experienced legal representation for Dallas residents facing car accident claims. Contact us today to schedule a free consultation. Let us fight for the justice and compensation you deserve.
Frequent Ask Questions
1. When did seatbelts first become mandatory in Texas?
Seatbelts became mandatory in Texas on September 1, 1985. At that time, the law only required front-seat occupants to wear seatbelts.
2. Does Texas law require all passengers to wear seatbelts today?
Yes. As of September 1, 2010, Texas law was expanded to require all passengers, regardless of where they sit in the vehicle, to wear seatbelts. This law is still enforced today.