Weisberg Law Blog

Virginia Seatbelts

I heard that you were interested in Virginia’s laws regarding seatbelts, also referred to as safety lap belts and shoulder harnesses. Here in the Old Dominion, we do have some rather unusual seatbelt laws. While Virginia law requires that drivers and front seat occupants wear the belts, notice that back seat occupants are not required; however, anyone under 16 years of age is required no matter where the child sits, front of back. Section 46.2-1094 makes it an offense not to wear a seatbelt, but subsection F does not allow a police officer to stop you just for not wearing the belt. Accordingly, you have to be stopped for some other reason before you can be ticketed for no belt. It is my experience that a police officer will not stop you just for not wearing a belt. It’s good to know that the police are obeying this law, but if you are stopped for speeding while not wearing a belt, you will get ticketed.  The same law also provides that failure to wear a belt is not negligence if you get hurt in an auto accident. As a matter of fact, it can not be introduced into evidence at the trial of your personal injury case, nor can it be commented on by counsel for the parties. Subsection D. in workers’ compensation cases says that it can come into play; I guess this is a function of the influence that industry has in Virginia with our legislature. If a worker is injured in a work place accident, they would be denied benefits if they did not use a safety device, you know, steel toes shoes, and the like. For a truck driver, the belt is a safety device. The employer must show that the not wearing of the belt was "willful" and not just negligent; the employer must also show that if a belt had been worn, it would have prevented the injury.
Getting kind of esoteric. I guess the bottom line is: wear a seatbelt; it may be beneficial to your health, both physical and financial.

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