Thursday, August 8, 2024
Legally Reviewed and Edited by: Terry Cochran
Published on: July 18, 2024
For drivers and passengers in Michigan, wearing a seat belt is essential for promoting safety and preventing serious injuries in crashes. Nationwide, seat belt use saved nearly 15,000 lives in 2017. Sadly, in 2023, 216 people in Michigan lost their lives in car crashes due to not wearing their seat belts.
While Michigan has specific seat belt requirements, failing to buckle up can have consequences beyond your safety—it may also impact your ability to receive compensation after a collision. Discover how not wearing a seat belt can affect your car accident case and how an auto accident injury attorney at Cochran, Kroll, & Associates, P.C. can safeguard your rights.
Michigan’s Seat Belt Laws
Michigan has specific requirements for who must wear a seat belt and what type is necessary. The most recent version of the state’s seat belt law is set to go into effect in 2025 and requires the following:
| Occupant | Seat Belt Requirement |
| Drivers and Front Seat Passengers | All front-seat passengers 17 years of age or older must wear safety belts at all times while operating or riding in the front seat of a vehicle on streets and highways. |
| Children Under 13 Years | Must be secured in an appropriate car seat or a booster according to the child’s age, height, and weight. |
| Children 13-16 Years of Age | Children 13 to 16 must wear a properly fastened safety belt. Michigan’s back seat belt law also says that if there are more passengers than available seat belts, these teens must be seated in the rear seats if possible. |
| Vehicles With More Passengers Than Seat Belts | All available seat belts in the vehicle must be used. If the number of passengers exceeds the seat belts, the operator is still compliant if every belt is in use. |
| Road Construction Or Maintenance Workers | When operating in a work zone, the operator must wear a lap belt but is not required to wear a shoulder harness. |
Can You Still Receive Compensation if You’re Not Wearing a Seat Belt?
It can impact your compensation if you’re in an accident and aren’t wearing an adjusted and fastened safety belt.
- No-fault insurance. In Michigan, no-fault insurance covers you regardless of who’s at fault or whether you were wearing a seat belt. It pays for medical expenses, wage loss benefits, and replacement services, ensuring you get the support you need during recovery after a motor vehicle accident.
- Third-party claims. If another driver caused the accident, you can file a claim with their insurance to cover what personal injury protection (PIP) doesn’t. However, the current statute states that not wearing a seat belt can reduce your compensation by up to 5% since it is a form of negligence on your part.
For example, you file a lawsuit asking for $50,000 for your injuries. If you weren’t wearing a seat belt, the insurance company could reduce your compensation by $2,500, making your final award $47,500.
How Hiring an Auto Accident Injury Attorney Can Help Your Claim
If you were in a crash where you weren’t wearing a seat belt, you can benefit from professional legal guidance from an auto accident injury attorney. Our team at Cochran, Kroll, & Associates, P.C. can help you with the following to strengthen your case and maximize compensation:
- Prove liability. We conduct an exhaustive investigation, collecting evidence, interviewing witnesses, and analyzing police reports to establish the other driver’s fault. This ensures the focus remains on the negligent party.
- Assess the extent of your injuries. Partner attorney Eileen Kroll uses her nursing background to document your car accident injuries and highlight their severity. This detailed assessment can counter claims that your injuries were solely due to not wearing a seat belt.
- Maximize settlement negotiations. Our auto accident attorneys are skilled negotiators who push for the highest possible settlement. We emphasize the other driver’s negligence while addressing the seat belt issue to minimize its impact on your car accident settlement.
- Manage legal paperwork. We handle all legal documents, ensuring they are accurate and submitted on time and preventing any administrative issues from affecting your claim.
- Represent you in court. If negotiations fail, our car accident attorneys will represent you in court, presenting a strong, well-prepared case to ensure you receive the maximum compensation for economic damages and pain and suffering.
Get Help With Your Car Accident Case Today
Wearing your seat belt can prevent tragic outcomes in an accident. If you or a loved one suffered injuries from a car accident caused by a negligent driver, a qualified auto accident injury attorney can help you learn more about your legal options.
With extensive knowledge of auto accident cases and negligence law, your car accident attorney can explain your rights and help you take action to get the settlement you deserve.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
FAQs
Are Michigan backseat passengers required to wear seat belts?
In Michigan, people 16 years old and older do not have to wear seat belts in the back seat. However, you should still wear one when you are sitting in the rear seat. If a rear seat passenger is not wearing their seat belt, it raises the chance of a driver dying in a crash by 137%.
When do I not have to wear a seat belt?
You do not have to wear a seat belt if you are riding in a bus as a passenger or in a motor vehicle manufactured before January 1, 1965. You are also exempt from the seat belt law if you have a written medical or physical exemption from your doctor saying you cannot wear a seat belt.
What if my seat belt was also defective?
Some seat belts may have defective latch mechanisms, which can cause injuries in an accident. If your seat belt doesn’t work correctly and you get hurt, the company that made the belt or the car it is in might be responsible, resulting in a product liability case.
Is it illegal to not wear a seatbelt in the back seat of a car in Michigan?
No, it is not illegal for adults to not wear a seatbelt in the back seat of a car in Michigan. However, it is highly recommended for safety.
By law, who is required to wear a seatbelt in the back seat in Michigan?
In Michigan, only passengers under 16 are legally required to wear seatbelts in the back seat. Adults are not legally required to wear seat belts when seated in the back of a car.
Is it dangerous to not wear a seatbelt in the back seat in Michigan?
Yes, it is dangerous to not wear a seatbelt in the back seat. Unbelted passengers can suffer serious injuries or become projectiles in a crash, endangering themselves and others.
Does wearing a seatbelt in the back seat in Michigan save lives?
Yes, wearing a seatbelt in the back seat saves lives. Wearing lap and shoulder belts in the rear seat can reduce the risk of deadly injuries by 58% in cars and 75% in SUVs.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
Lynn Mayfield is a writer and has worked in finance and education. Lynn earned her Master's Degree in Education and now writes informative articles for various legal organizations. She enjoys drinking coffee and spending time outdoors.