What is the penalty for a driver not wearing a safety belt in Massachusetts?

By John DiBartolo on July 18, 2024

According to the Massachusetts Highway Safety Division, Massachusetts has one of the lowest rates of seat belt usage in the country, ranking 46th out of 50 states. More than 50% of the fatalities on Massachusetts roads involve individuals who were not wearing seat belts, highlighting the tragic and avoidable nature of these deaths. If you or someone you love has suffered injuries from a car accident, you should get legal representation from an experienced personal injury lawyer in Massachusetts to protect your rights. 

Massachusetts Seat Belt Laws

Chapter 90, Section 13A 

Massachusetts General Laws Chapter 90, Section 13A mandates that any individual operating or riding in a private passenger motor vehicle, vanpool vehicle, or truck weighing under eighteen thousand pounds must wear a properly adjusted and fastened safety belt. 

This seat belt law aims to enhance road safety by reducing the risk of injury in an accident. However, these seat belt regulations do not extend to children under the age of 13, who are subject to the provisions outlined in Section 7AA. In addition, there are a few other exceptions, such as passengers in authorized emergency vehicles.

Chapter 90, Section 7AA

Under Massachusetts General Laws Chapter 90, Section 7AA, children under the age of 8 must be securely fastened using a child passenger restraint system when traveling in a motor vehicle on any road, unless the child is taller than 57 inches. The child restraint system must be properly installed and secured as per the manufacturer’s guidelines to ensure maximum safety.

Children under the age of 13 who do not require a child passenger restraint as described above must wear a safety belt that is correctly adjusted and fastened according to the manufacturer’s instructions while riding in a motor vehicle on any road. Notably, these regulations do not apply to children traveling as passengers on school buses, which have their own safety standards and requirements.

Penalties for a Seat Belt Violation in Massachusetts 

Seat Belt Enforcement in Massachusetts

Although a seat belt can save a life, Massachusetts treats seat belt violations as a secondary offense. This means police cannot pull over a vehicle solely because someone inside is not wearing a seat belt. Officers must have a separate reason, like a primary traffic violation (e.g., speeding), to initiate a traffic stop.

Comparison with Other States

Most states classify seat belt use as a primary offense, allowing police to stop vehicles for seat belt violations alone. Massachusetts is among 16 states where this is not the case, though legislative changes are under consideration.

Fines for Seat Belt Violations in Massachusetts

• Drivers and passengers in Massachusetts can be fined for not wearing seat belts. The fine for a driver not wearing a seat belt is $25.
• Drivers can also be fined $25 for each passenger aged 12-15 who is not buckled up. Passengers over 16 years old who are not wearing seat belts can be fined directly.

Enforcement and Penalties

• Law enforcement officers in Massachusetts cannot specifically stop a vehicle for a seat belt violation. They typically issue fines for seat belt violations during traffic stops for other offenses.
• Despite being injured in a car accident, drivers or passengers who did not wear seat belts may still be fined if stopped by police.

Is Not Wearing a Seat Belt Considered Contributory Negligence in a Motor Vehicle Accident in Massachusetts?

Seat Belt Defense Overview

The Seat Belt Defense is a term used in legal contexts to argue that an injured driver or passenger was partially responsible for their injuries because they were not wearing a seat belt at the time of the accident. In many states, this defense is integrated into comparative negligence laws, allowing courts to reduce compensation if it’s determined that injuries could have been mitigated or avoided if the individual had been wearing a seat belt.

Seat Belt Defense is Prohibited in Massachusetts

Massachusetts does not permit the Seat Belt Defense to be used in personal injury cases. Despite laws requiring seat belt use, the state prohibits the introduction of evidence suggesting that a victim’s failure to wear a seat belt automatically contributed to their serious injury.

Unlike some other states, Massachusetts does not allow this information to be presented as evidence of contributory negligence unless it can be directly linked to the cause of the serious injuries sustained. In other words, under Massachusetts law, victims of car accidents in Massachusetts cannot be denied compensation solely based on their failure to wear a seat belt.

Stakes are High in Massachusetts Auto Accidents Due to the 51% Modified Comparative Negligence Rule

When you are involved in an auto accident in Massachusetts, the stakes are high due to the state’s stringent 51% modified comparative negligence rule. This rule means that if you are found to be more than 50% at fault for your injuries, you can be barred from recovering any compensation. 

Against the backdrop of this harsh rule, a common tactic used by the defendant’s insurance company to escape liability is to claim that your failure to wear a seat belt directly contributed to more than 50% of your injuries. This rule places a heavy burden on accident victims to prove that their share of fault is less than 51%.

The Role of a Skilled Massachusetts Auto Accident Lawyer

To successfully counter the safety belt defense and the implications of the 51% rule, you need an experienced Massachusetts auto accident lawyer on your side. Your attorney will establish that not wearing a seat belt did not significantly contribute to your injuries and that the other driver’s negligence is the primary cause of the accident and your injuries. Here’s how a skilled attorney can protect your rights:

Proving the Other Driver’s Negligence

• Collecting evidence such as traffic camera footage, eyewitness testimonies, and police reports to establish the other driver’s fault.
• Demonstrating that the other driver violated traffic laws or was driving recklessly, thereby causing the accident.

Rebutting the Seat Belt Defense

• Arguing that the defendant’s negligence was so severe that it overshadows the fact that you were not wearing a seat belt.
• Highlighting any evidence that shows the seat belt would not have prevented the injuries or that the injuries would have been similar with or without the seat belt.

Documenting the Severity and Impact of Injuries

• Compiling comprehensive documentation of your injuries, including photographs, medical bills, and treatment plans, to illustrate the extent of harm caused by the accident.
• Demonstrating the long-term impact of the injuries on your quality of life and ability to work, ensuring that the compensation reflects all damages.

Presenting a Strong Case

• Preparing a compelling case that includes all gathered evidence, expert testimonies, and legal arguments to present to the court or in settlement negotiations.
• Ensuring that the argument is clear, concise, and convincingly shows that the defendant’s actions were the primary cause of your injuries.

How Your Massachusetts Car Accident Attorney Proves Liability

To build a robust case and protect your right to maximum damages, your attorney will collect various types of evidence, including:

Accident Scene Evidence

• Photographs and videos of the accident scene, skid marks, vehicle damage, and road conditions.
• Diagrams and graphic representations of the accident site.

Witness Statements

• Testimonies from eyewitnesses who saw the accident.
• Statements from first responders and police officers who arrived at the scene.

Medical Records

• Detailed medical records documenting your injuries, treatments, and recovery process.
• Reports from medical professionals linking your injuries directly to the accident.

Expert Testimonies

• Testimonies from accident reconstruction experts and biomechanical engineers.
• Opinions from medical experts regarding the nature and extent of your injuries.

Surveillance Footage and Vehicle Data

• Any available traffic camera footage or surveillance videos that captured the accident.
• Data from the vehicle’s black box, if available, showing speed, braking, and other critical information.

Choose a Seasoned Massachusetts Personal Injury Lawyer to Maximize Your Compensation 

If you or a loved one has been injured in an accident, don’t fight the legal battle alone. With nearly three decades of experience, John P. DiBartolo, Jr. has been relentlessly advocating for the rights of injured individuals, ensuring they receive full and fair financial compensation for their injuries and losses.

At the Law Offices of John P. DiBartolo, Jr., you can count on diligent and robust legal representation without any upfront costs as we work on a contingency basis. Reach out to us today and let us help you get your life back on track.