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This vehicle code is the main seat belt law in California that guides proper seat belt usage for individuals over 16 years old. Anyone at the age of 16 or over must wear a seatbelt inside of a moving vehicle. Under this statute, proper seatbelt usage is identified as using the lower lap portion of the belt to cross over the waist or hips and using the upper shoulder portion of the belt to cross the chest. If the seatbelt is not worn in a fashion that follows the requirements of this statute, then the person is not considered \u201cproperly restrained\u201d as per CA law. It is important to know that there are additional elements of this vehicle code which require vehicles to have working seat belts for all passengers. This statute also outlines the penalties for not wearing seatbelts properly, which results in a fine issued by the local enforcement agency. There are certain circumstances in which California seat belt law exceptions exist, but these circumstances are rare and usually include a medical issue or emergency. As per Vehicle Code 27315(g), individuals that are not able to wear the proper restraints are not held to the same standards. However, the limiting condition in these circumstances must be recognized and certified by a physician, surgeon, or chiropractor [2]<\/sup><\/strong><\/a>.<\/p>\n\t\t <\/p>\n The next vehicle code that dictates appropriate seatbelt usage for children. This statute is broken down into 2 sections that outline appropriate seatbelt usage for children under 8 and children under 2.<\/p>\n Under no circumstances should a child under the age of 8 be allowed to sit in the front seat if a back seat is available.<\/p>\n <\/p>\n The section of vehicle code indicates that all children between the ages of 8 -16 must be appropriately restrained in a regular seat belt unless they are small enough that the upper chest belt does not sit across their chest [5]<\/sup><\/strong><\/a>. In these instances, a booster seat is required that is similar to those used for children under age 8.<\/p>\n <\/p>\n Seat belt laws became mandatory in California in January 1, 1986, but it took until 2005 for law enforcement in California to implement a traffic campaign called \u201cClick it or Ticket.\u201d This campaign was an attempt to increase seat belt usage and reduce car accident-related injuries and deaths. This campaign debuted following the success of other states who had implemented the campaign.<\/p>\n <\/p>\n After the \u201cClick it or Ticket\u201d campaign had been implemented in 2005, California saw an 8% increase in seat belt usage that rose from 84% in 2009 to 92% in 2022 [6]<\/sup><\/strong><\/a>. This campaign has been critical in encouraging motorists in California to follow proper seat belt requirements to avoid sustaining serious injuries in car accidents. Motor vehicle crashes are one of the leading causes of unintentional injuries and deaths in the US and car accident statistics<\/a> indicate that unrestrained individuals were responsible for 19% of all car accident related fatalities in 2022 [7]<\/sup><\/strong><\/a>. Data provided by the NHTSA estimates that being properly restrained in a moving vehicle can reduce the likelihood of serious injury and death to front seat car occupants by 45% – 50% [8]<\/sup><\/strong><\/a>. The cohorts that are more likely to suffer from injuries from not being restrained properly are:<\/p>\n <\/p>\n If an individual was a victim in a car accident and sustained an injury, a personal injury claim can be filed. If the injury was sustained while not being properly restrained, the defending party can argue that there was some negligence on the part of the injured party. Since California is a comparative fault state<\/a>, accidents in which partial negligence can also be assigned to the victim for not being restrained will ultimately result in a reduction in any amount rewarded as some fault is delegated to the victim. The amount of reward is determined by how much fault is assigned to the victim vs the party being held liable. For example, if the victim sustained an injury that could have been prevented by wearing a seatbelt and that results in 40% of the blame being assigned to the victim, then whatever amount of damages that would have been rewarded to cover medical costs will be reduced by 40%.<\/p>\n\t\t\n\t\t\t\t\t\tIf you have been injured, call us today at (866) 936 7349 to schedule a free consultation \t\t\t\t\t<\/h4>\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\t\t\t\t\t
Vehicle Code 27360 (b) \u2013 Mandatory Use of Child Restraint Systems for Children Under 8<\/h3>\n
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Vehicle Code 27360.5 VC \u2013 Mandatory Use of Seat Belts for Children Aged 8 \u2013 16<\/h3>\n
Click It or Ticket Campaign<\/h2>\n
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<\/p>\nSeat Belt Use Facts & Statistics<\/h3>\n
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Effects of Not Wearing a Seat Belt in a Personal Injury Lawsuit<\/h2>\n