Seat belts save lives. However, Colorado continues to lag behind much of the nation when it comes to seat belt enforcement and usage. Traffic safety experts and lawmakers are calling for stronger seat belt laws to reduce serious injuries and deaths on Colorado roads.
Seat Belts Are Required on Colorado Roads
Colorado law requires drivers and certain passengers to wear seat belts. Every driver and front-seat passenger in a motor vehicle must have the belt properly fastened any time the vehicle is traveling on public roads.
There are several exemptions to this law. The seat belt requirement does not apply to children who must be secured in an approved child restraint system. Likewise, Individuals with a certified medical or psychological condition that prevents them from wearing a seat belt are also exempt.
Additionally, vehicles not originally equipped with safety belts are exempt.
Secondary Enforcement Laws in Colorado
Violations of Colorado’s seat belt law are treated as a Class B traffic infraction. Incidentally, Colorado is one of only 16 states that still has a secondary seat belt enforcement law. Under this system, law enforcement officers cannot pull you over solely for not wearing a seat belt. In other words, it is not a primary offense.
Law enforcement can only issue a citation for a seat belt violation if they have stopped you for another traffic offense, such as speeding or ignoring traffic signals.
Primary enforcement laws do allow officers to stop and ticket drivers or passengers for not wearing seat belts, even if no other traffic violation has occurred. Most states have adopted primary enforcement laws.
Colorado’s Seat Belt Laws
How Not Wearing a Seat Belt Can Affect a Car Accident Claim
Colorado is an at-fault state for car accidents. That means a party that causes an accident is financially responsible for any injuries and harm they cause to other drivers and passengers.
However, if you were in an accident that wasn’t your fault and weren’t wearing a seat belt, it could affect the compensation you receive. Colorado follows a modified comparative negligence system. Under this rule, your damages may be reduced by your percentage of fault for your injuries.
For example, if a jury determines that you were 20% responsible for your injuries because you weren’t wearing a seat belt, your total compensation would be reduced by 20%. If your share of the fault is 50% or more, you could be barred from recovering any damages at all.
Failing to wear a seat belt does not automatically make you liable for an accident; however, it may influence how damages are calculated.
Colorado’s Seat Belt Laws Moving Forward
The push for primary seat belt enforcement in Colorado is gaining momentum. Safety experts believe that strengthening seat belt laws would not only save lives but also reduce the financial and emotional toll of serious crashes on families and communities.
When you are driving on Colorado roads, you should always wear your seat belt. It’s a simple step that dramatically reduces the risk of injury and death. It can also protect your right to full compensation if you’re injured in an accident.
If you were injured in a car accident, contact the Littleton car crash attorneys at Legal Help in Colorado for a free consultation. We can explain your rights and legal options and evaluate whether Colorado’s seat belt laws impact your claim.