Michigan has a primary seat belt law, which means that law enforcement can stop and ticket drivers solely for not being buckled up. (See MCL 257.710e(7)) Violating the seat belt law is a civil infraction and no points are placed on a person's driver's license.

The seat belt law requires:

• Passengers ages 8-15 are required to buckle up in all seating positions
• Drivers and front seat passengers are required to be buckled up

Michigan's child passenger safety law requires:

• Children younger than age 4 to ride in a car seat in the rear seat if the vehicle has a rear seat. If all available rear seats are occupied by children under 4, then a child under 4 may ride in a car seat in the front seat. A child in a rear-facing car seat may only ride in the front seat if the airbag is turned off.
• Children must be properly buckled in a car seat or booster seat until they are 8 years old or 4-feet-9-inches tall. Children must ride in a seat until they reach the age requirement or the height requirement, whichever comes first.

Failure to wear a seat belt does not bar a personal injury lawsuit.

If you were injured in a car accident and you were not wearing a seat belt as required by law, this may be evidence of negligence and used to reduce your recovery for damages from the at-fault driver. The failure to wear a seat belt cannot reduce your pain and suffering compensation recovery "by more than 5%." [MCL 257.710e(8)]

Reduce your risk of injury by wearing your seat belt properly at all times

• The shoulder belt should be across the middle of your chest and away from your neck.
• The lap belt should be across your hips and below your stomach.
• Never place the shoulder strap under your arm or behind your back.
• The belt should not be loose to allow the wearer to move freely in the seat.
• Make sure your seat belt retracts properly.

Defective seat belts causing personal injury

• A seat belt could have a defective latch or another problem that would result in its not performing as expected in emergency situations. If you were wearing your seat belt properly and it failed because either it detached or didn't tighten during the impact in order to keep you restrained, this failure could cause you to be more seriously injured.
• If your car was totaled, it's critical to have it inspected immediately. Once the car is destroyed, you can no longer have it inspected for evidence of seat belt failure, and this may bar a lawsuit for recovery of damages against the seat belt manufacturer.

Experienced Personal Injury Attorneys in Michigan

Logeman, Iafrate & Logeman, P.C. is a top-rated Michigan personal injury and car accident law firm located in Ann Arbor which has represented seriously injured clients for more than 45 years. Our commitment to service is absolute, from your initial consultation to litigation, our expert attorneys will fight for your best interests.

It is extremely important to have an experienced lawyer review any injury claim resulting from a car crash. Contact our attorneys for a free consultation, advice or for help with your personal injury claim.

This article is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney at Logeman & Iafrate, P.C. for advice regarding your individual situation.