Although the manufacturers of motor vehicles have made enormous strides in terms of safety innovations that include more extensive airbag coverage, improved roof strength, vehicle stabilization equipment, crash avoidance warning systems and more, buckling up with a lap belt and shoulder harness remain the most effective way to prevent serious injury in a motor vehicle collision in Missouri. While seatbelt use has reached an all-time high among vehicle occupants in the U.S., there is still a significant minority of individuals that do not fasten their seatbelt when traveling in a motor vehicle. Because our Missouri car accident lawyers are committed to the safety of our friends, neighbors and community, we have provided a reminder of the physical safety and legal benefits of always fastening one’s seatbelt.
The most important reason to always properly wear a seatbelt is the indisputable safety benefit of buckling up. Seatbelt use nationally has reached an impressive 88 percent according to the National Safety Council. However, the National Highway Traffic Safety Administration (NHTSA) reports that more than four in ten motor vehicle accident victims killed in a collision during a recent twelve month period was not using a seatbelt. Although the NHTSA estimates that seatbelts saved the lives of 75,000 people during a recent four year period, the federal agency also indicates that raising usage rates just 2 percent would prevent another 1,600 car crash fatalities per year along with 22,000 injuries.
Some traffic safety experts in Missouri contend that the state could improve the extent of seatbelt usage by strengthening the state’s seat belt laws. Generally, states that have mandatory seatbelt laws employ one of two types of legislative schemes: primary seatbelt laws and secondary seatbelt laws. Primary seatbelt laws are more effective because they permit a law enforcement officer to pull over and ticket a driver exclusively for failing to buckle up provided the officer has observed that a driver is violating the seatbelt law. By contrast, secondary seatbelt laws do not permit drivers to be cited unless they are stopped by a police officer for some other traffic safety law violation.
Missouri has one of the least effective seatbelt laws because it only makes a violation a secondary offense. Further, the nominal level of the fine means that those who do get cited may not have much incentive to strap themselves in because the fine is relatively nominal. There are other factors that make Missouri’s seatbelt law less effective than that of other states, which include an exemption for vehicle occupants over the age of 16 who are not sitting in the front seat or riding with a driver who only has a driving permit.
While the safety benefits of wearing a seatbelt should provide sufficient incentive to fasten a vehicle occupant’s seatbelt, there is also an incentive based on a potential legal claim when one is involved in a collision that causes serious injury or wrongful death. Missouri is one of a minority of states that recognizes the so-called “seatbelt defense.” The seatbelt defense allows the defendant in a personal injury case to reduce or avoid paying damages for injuries that would not have been incurred had the vehicle occupant been properly fastened into a seatbelt. Although this defense is not applicable if a person does not suffer more serious injuries because of a failure to wear a seatbelt, it can reduce the available recovery when injuries are related to the failure to buckle up. Fortunately, Missouri limits the potential reduction in recovery based on the seatbelt defense to one percent of the damage award.
If you or someone you love is injured or a family member dies in a Missouri auto accident, we urge you to contact us if you have questions. Our experienced Missouri car accident injury attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!
