How Seat Belt Use Affects Your Car Accident Claim in Virginia

Virginia law requires most vehicle occupants to wear a seat belt, and for good reason — seat belts save lives and dramatically reduce the severity of injuries in crashes. But what happens when someone who was not wearing a seat belt is injured in a crash caused by another driver? In Virginia, the answer involves a specific legal rule that can significantly affect a personal injury claim.

Virginia’s Seat Belt Law

Under Virginia Code § 46.2-1094, the driver of a motor vehicle and all front-seat passengers are required to wear a properly adjusted and fastened safety belt. Children under the age of eight must be properly secured in an appropriate child restraint system regardless of seating position. Violating the seat belt law may result in a civil penalty.

The Seat Belt Defense in Virginia

Virginia law includes specific rules regarding how seat belt use may be considered in civil cases arising from motor vehicle accidents. The application of those rules depends on the circumstances of each case.

Because every crash is different, the legal effect of seat belt use depends on the specific facts involved. Questions about liability, injuries, and applicable Virginia law are often evaluated together when a claim is reviewed.

Medical records, crash evidence, and the circumstances surrounding the collision may all play an important role when evaluating an injury claim after a motor vehicle accident.

What This Means for Injured Victims

Depending on the circumstances, a person injured in a crash may have legal options through an auto accident claim under Virginia law. Determining those options requires reviewing the specific facts of the collision and the available evidence.

Virginia’s contributory negligence rule can significantly affect car accident claims. The specific facts surrounding how a collision occurred may play an important role in determining an injured person’s legal options under Virginia law.

Child Restraint and Other Safety Considerations

Proper seat belt use and child restraint systems play an important role in helping reduce the risk of serious injuries during a crash. Following Virginia’s safety requirements can help protect drivers and passengers of all ages.

If you or a loved one was injured in a car, truck, or motorcycle accident anywhere in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or across Hampton Roads, Breit Law is here to help you understand how Virginia law applies to your specific situation. With more than 47 years of trial experience, William Breit has represented injured individuals and families throughout Hampton Roads. Contact us today.

Map of the Hampton Roads region served by Breit Law.