A driver who is not wearing a seat belt may very well be involved in an accident and injure another party. If the aggrieved party subsequently sues the driver, the driver may be deemed “negligent”. California law requires all drivers and passengers of motor vehicles to wear seat belts. If the passenger is over 16 years old, you will receive both tickets. Seat belts reduce the risk of injury or death while driving and must always be in good condition. Your vehicle must have enough seat belts for the number of people in the vehicle. If you have recently had a car accident and believe that your vehicle`s seat belt or car seat is not working properly and has caused injuries, you may have reason to claim product liability. If another driver is responsible for the accident, you probably also have reasons to sue them in civil proceedings. Remember that your seat belts must be in good condition to function properly. Have them inspected during regular maintenance checks and pay special attention to their condition after an accident. (g) This article does not apply to a passenger or driver suffering from a physically disabling condition or medical condition that would prevent adequate seat belt maintenance if the condition has been duly certified by a licensed physician and surgeon or by a licensed chiropractor, who shall indicate the nature of the illness and the reason for the inadequacy of the restraint.
This section also does not apply to a staff member if the staff member is in an approved emergency vehicle within the meaning of section 165 (b) (1) or to a passenger who is in a seat behind the front seat of an approved emergency vehicle as defined in section 165 (b) (1) and who is operated by a public servant. unless the organization employing the employee so requires. Not knowing that it is illegal is not considered an excuse according to the doctrine of ignorance juris non excusat. It does not matter whether the offending driver is guilty or innocent of the original traffic violation. Just not showing up is the violation itself. Failure to appear for this violation (California Vehicle Code Section 40508) means that the act is charged with a misdemeanor under California law. And don`t forget to get a suitable child seat. As an attorney with over 20 years of experience defending clients in the state of California, I continue to be surprised by the number of people seeking legal help to fight a ticket for violating Section 27315 of the Vehicle Code – the code that requires seat belt use in California.
It`s quite shocking how few people understand the relevant laws and regulations related to responsible driving and buckling, even though California`s first seat belt laws went into effect on January 1, 1986, more than two decades ago. 4. The operator of a taxi may operate the taxi only if passengers aged eight years and over are properly secured in the front seat by a seat belt. California law requires children under the age of 8 to get into car seats or booster seats. Once a child is 8 years old, they can only ride a seat belt if they are at least 4`9″ tall. Parents should be careful when it comes to booster seats and seat belts for their children. While some children are technically old enough and old enough to ride with a seat belt, booster seats tend to offer better protection to small children. California`s seat belt law is found in the Motor Vehicle Code § 27315 and is strictly enforced. Here are some of the most common questions we hear about seat belts and car seats in California.
Child restraint system and safety seats The law requires that you properly attach all children under the age of 16 who drive in your car to a properly used restraint system such as a booster seat (safety seat). Seat belts save lives. This simple fact is the reason why every passenger in a car in California must wear a seat belt, even if they are driving in the back seat. According to the California Department of Motor Vehicles, seat belts are mandatory for anyone in a moving vehicle because they reduce the possibility of a driver or passenger being thrown out of a car or truck in an accident. Without seat belts, the risk of serious injury and death increases exponentially. By early 2022, it`s critical that all California drivers review the state`s seat belt and car seat laws to avoid fines and reduce the likelihood of serious injury in car accidents.