The Massachusetts Seat Belt Law | Boston Personal Injury Lawyer ...

Seat belts are the single most effective traffic safety devise for preventing death and injury in the event of an accident. According to the National Highway Traffic Safety Administration, safety belts can reduce the risk of crash injuries by 50%, and saved more than 75,000 lives from 2004 to 2008 nationally.

In the Commonwealth of Massachusetts, seat belt laws have been enacted to protect motor vehicle operators and passengers in the event of an accident. However, there is a misconception on how the law is applied, or even if seat belts are required to be worn.

Requirement to Wear Safety Belt

The Massachusetts Seat Belt Law is set forth in Massachusetts General Laws, Chapter 190, Section 13A. Pursuant to this statute, EVERYONE IS REQUIRED to wear a safety belt which is properly adjusted and fastened. However, there are very limited exceptions to this rule as follows:

• any child less than twelve years of age who is subject to the provisions of M.G.L. c.190, ?7AA (?Child Passenger Restraint Law?);
• any person riding in a motor vehicle manufactured before July first, nineteen hundred and sixty-six;
• any person who is physically unable to use safety belts; provided, however, that such condition is duly certified by a physician who shall state the nature of the handicap, as well as the reasons such restraint is inappropriate; provided, further, that no such physician shall be subject to liability in any civil action for the issuance or for the failure to issue such certificate;
• any rural carrier of the United States Postal Service operating a motor vehicle while in the performance of his duties; provided, however, that such rural mail carrier shall be subject to department regulations regarding the use of safety belts or occupant crash protection devices;
• anyone involved in the operation of taxis, liveries, tractors, trucks with gross weight of eighteen thousand pounds or over, buses, and passengers of authorized emergency vehicles;
• the side facing seat on which the factory did not install a seat belt in any car owned for the purpose of antique collection.

Enforcement of the Seat Belt Law

Although, as discussed above, seat belts are required to be worn, a violation of M.G.L. c.190, ?13A is considered a ?secondary offense? in Massachusetts. This means that police can only issue a citation to a motorist for not wearing a safety belt only when the operator, or technically any passenger, of a motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense. The police may also issue a citation to any passenger not wearing a safety belt.

The fine for not wearing a safety belt is twenty-five dollars ($25.00). Additionally, any operator of a motor vehicle is subject to an additional fine of twenty-five dollars ($25.00) for each person under the age of sixteen and no younger than twelve who is a passenger in said motor vehicle and not wearing a safety belt.

One ?break? motorists receive under the statue is that a violation of M.G.L. c.190, ?13A ?shall not be considered as a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums?? This means you only have to pay the $25 fine, which is the same fee you would pay if you wanted to appeal the citation, and your insurance premiums will not go up!

The Effect of Not Wearing Seat Belt on a Personal Injury Matter

In Massachusetts, the failure to use a seat belt cannot be used as evidence of negligence to bar personal injury victims from collecting any compensation for the injuries sustained if they were, in any way, negligent with respect to the incident that lead to the injury. ?Failure to wear a properly fastened safety belt shall not be considered as contributory negligence or used as evidence in any civil action.? G.L. c. 90, ? 13A, as added by 1993 Mass. Acts 387, ? 3.

If you or a family member has been involved in a motor vehicle related accident, you are encouraged to immediately contact a Boston Personal Injury Attorney at The Jacobs Law, LLC. Our Boston Personal Injury Attorneys have experience with personal injury claims, are knowledgeable of applicable laws enabling them to advise you of your rights, and will be able to discuss the strengths and weaknesses of your personal injury claim.

Source: http://bostonpiattorney.com/massachusetts-seat-belt-law/?utm_source=rss&utm_medium=rss&utm_campaign=massachusetts-seat-belt-law

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