Arizona has had a seat belt law in effect for over 30 years. The law requires all front seat occupants to wear seatbelts and applies to all passengers of cars with lap belts or belts combined with shoulder belts.
The reason for this is simple: Wearing a seat belt and shoulder belt significantly increases your chances of surviving without being critically injured in car accidents.
The Arizona traffic accident lawyers at Stone Rose Law have years of experience representing clients in auto accident cases involving seat belt usage. If you have been involved in a car crash and have been charged with violating Arizona seat belt laws, we can help represent you in plea negotiations with prosecutors, settlement negotiations with other parties involved in the accident, or at trial.
Call us at (480) 498-8998 to speak with an experienced Arizona traffic lawyer.
It is easy to say that you should wear your seat belt while sitting in a car “because it is the law.” However, that is not the only good reason. Practical considerations like your safety are also compelling reasons to buckle up.
Consider some recent Arizona government data on the topic. The Arizona Department of Transportation periodically presents compiled information about traffic accidents and their effects to the public. The most recent collection of this information is in the 2023 Motor Vehicle Crash Facts for the State of Arizona.
This report includes data on seat belt use and the effects that wearing or not wearing your seat belt can have if you get into an accident.
First, let’s take a look at the raw numbers for safety devices (seat belts) from 2023:
According to this data, the number of drivers wearing seatbelts (199,104) is drastically higher than that of those who were not (4,155). Despite this difference in group size, the number of fatalities is approximately the same (329 vs 270). This immediately suggests that there is a much higher likelihood of fatality for those not wearing seatbelts.
Next, let’s go deeper into the numbers:
According to the report, 0.17% of drivers and 0.12% involved in an accident involving fatal injury were wearing seatbelts. Conversely, 6.5% of drivers and 4.09% of passengers involved in the same type of injury were not. The percentages tell the indisputable tale: seat belts significantly reduce the risk of death or serious injury in a car crash.
To be more specific, based on the 2023 data:
Aside from avoiding a car accident, wearing your seat belt—and insisting that your passengers do, too—is the single most effective thing you can do to improve safe car accident results. They will also help reduce the risk of serious injury if you are hurt.
According to Arizona Revised Statute Section 28-909, all motor vehicle passengers under the age of 16 must wear seat belts in Arizona.
Children who ride in motor vehicles must be properly secured in child restraint systems, according to Arizona Revised Statute Section 28-907.
A child restraint system refers to a car seat or booster seat, depending on the child’s age, height, and weight. Generally, a child must use a rear-facing car seat, forward-facing car seat, or booster seat (whichever is appropriate) until he or she turns eight years old and/or reaches four feet nine inches tall.
Unlike other states, Arizona’s seat belt law is considered a “secondary offense” civil traffic violation. This means the police must have another reason other than seat belt non-use to pull you over, such as if you are committing a speeding or other traffic violation.
An important exception to Arizona’s secondary enforcement laws is for children. If a child is not properly restrained, a police officer can pull you over. This violation is considered a primary offense.
The penalty for breaking Arizona’s seat belt law is $10 per violation. If you violate the child car seat law, the fine is closer to $50 per violation. Fines will be assessed for each person in the vehicle who legally should have been wearing a seat belt. Because you, as the driver, are responsible for ensuring that young passengers wear seat belts, the fine goes to you.
An exception to this rule occurs if an accident involves a car with a “self-driving” feature. If passengers under 16 do not wear seat belts, their parents or legal guardians can be issued a traffic citation.
In addition to the ticket fine, you could face consequences for your driving privileges. While Arizona doesn’t add points to your license for seat belt violations, the infraction will still be recorded on your driving record.
Aside from the exception for back seat passengers 16 or older, Arizona’s only other seat belt law exception is if a passenger has a written statement from a medical professional stating medical or psychological reasons for not wearing a seatbelt.
Yes. Arizona’s comparative negligence law reduces a plaintiff’s damages if the defendant fails to wear a seat belt. You may receive less financial compensation if the other driver’s insurance company proves you were not wearing a seat belt.
Comparative negligence means the degree to which the person filing the claim caused the accident will reduce his or her financial recovery.
For example, imagine that you are eligible for $20,000 in financial compensation for bodily injuries, but the court finds you to be 10% responsible for your injuries because you were not wearing a seat belt. Your $20,000 reward would be reduced by 10% ($2,000) to $18,000.
The seat belt defense only applies if the defense can prove that your injuries reasonably would have been prevented if you had worn a seat belt.
This defense is also generally only allowed if the victim is someone who legally should have been wearing a seat belt under Arizona law. Because Arizona uses a pure comparative negligence rule, you can still be eligible for partial financial compensation even if the court assigns you 99% of the blame.
A Phoenix car accident attorney can help you explore your legal options. To find out how not wearing a seat belt might affect your particular car accident case, consult with a Stone Rose Law car accident lawyer today.
