Without a doubt, seat belts prevent fatalities. The likelihood of death or major injury is substantially lower for passengers in automobile accidents who are wearing seat belts, as several studies have repeatedly shown. These days, the majority of individuals are aware of the benefits of wearing a seat belt. This brings us to our topic of discussion: West Virginia’s seat belt laws.
West Virginia Requires All Drivers to Wear Seat Belts: Key Points
Since September 1, 1993, West Virginia law has mandated seat belt usage for certain vehicle occupants:
- All front-seat occupants must wear seat belts
- Passengers between the ages of eight and seventeen must always wear seat belts, no matter where they sit.
- Children younger than eight years old must be securely restrained in a child safety seat or an approved booster seat.
- In the back seat, children higher than 4’9″ are allowed to use a regular seat belt.
Exceptions and Special Considerations
- Individuals with qualifying physical disabilities may be exempt but must obtain a doctor’s certificate and undergo a regulatory process.
- Some on-duty mail carriers are exempt from seat belt requirements.
Primary Enforcement and Penalties
In West Virginia, seat belt violations are now considered a “primary offense.” This means a police officer can make a traffic stop based solely on an occupant not wearing a seat belt.
Penalties for seat belt violations include:
- A fine of $25
- No points were assessed on the driver’s record
Child safety seat violations:
- Fines between $10 and $20
- Considered a misdemeanor under West Virginia law
Impact on Accident Claims
If a person is not wearing a seat belt and is involved in a car crash in West Virginia, they could face a penalty for receiving compensation for their losses. If it can be demonstrated that not wearing a seat belt was a direct cause of the injuries, there could be a penalty of up to 5% of the damages received.
West Virginia Seat Belt Usage Statistics
As per the 2021 Annual Report of the West Virginia Governor’s Highway Safety Program:
- Seat belt use among motor vehicle occupants in West Virginia was 88.12%
- 84 (31%) of the 267 road fatalities in the state in 2021 did not have seat belts on at the time of the collision.
Why You Should Wear a Seat Belt
Wearing a seat belt is crucial for several reasons:
- It significantly reduces the risk of severe injury or death in a crash
- It’s required by law, and you can avoid fines and penalties
- It protects your right to maximum compensation in case of an accident
Injuries that may occur when occupants fail to wear a seat belt include:
- Head and brain injuries
- Severe whiplash
- Broken bones
- Chest and abdominal injuries
- Ejection from the vehicle
Legal Implications of Not Wearing a Seat Belt
For personal injury cases, West Virginia applies a modified comparative fault standard. When a seat belt is legally required, failing to use it is considered negligence. Even in cases where another motorist was mostly at fault, this may have an impact on your ability to get full reimbursement for any injuries you receive in an accident.
Contact a Lawyer Today
Speak with an attorney right away if you or someone you love has been hurt in an accident brought on by the reckless or negligent behavior of another person.
We at Manchin Ferretti Injury Law have vast experience representing clients in complicated auto accident claims, and we will go to work right away gathering proof on your behalf.
Our goal is to prove liability and help you secure total compensation for your losses so you can get back to living your life. When you need a car accident lawyer, you can contact us for a free consultation of your case by clicking here or calling (304) 264-8505.
