Colorado Seat Belt Law

Rob Wilhite | October 2, 2024 | Car Accident

Mother fastening safety belt on booster seat for her kid.

Colorado seat belt laws require every driver, front seat passenger, and child under 16 to wear a seat belt in a vehicle operating on a street or highway. This law applies to occupants of all motor vehicles, including cars, trucks, and autocycles equipped with safety belts.

While the law mandates seat belt use for most vehicle occupants, it also provides certain exceptions. For example, people with medical conditions that prevent them from wearing seat belts are exempt with documentation from a physician. Additionally, certain vehicles that do not meet federal requirements for seat belts are not subject to this law.

Are Passengers in the Back Seat Required to Wear Seat Belts?

Colorado law only requires adult drivers, front seat passengers, and children to wear seat belts. Back seat passengers aged 16 or older can ride without a seat belt, although this is not recommended.

However, child passengers 15 and younger must use proper safety restraints, no matter their seating positions. This means children must always be in appropriate child restraint systems or wear seat belts while riding in vehicles, depending on their age and size.

While adults in the back seat can choose not to wear a seat belt, doing so substantially increases their risk of injury in an accident. It is always best for everyone to buckle up. Contact our Denver car accident attorney today.

What Are the Requirements for Children?

Child passengers in Colorado must always be properly secured, regardless of where they sit in the vehicle. The specific restraint requirements vary depending on the child’s age and size:

Children under 1 year old weighing less than 20 pounds – The law mandates rear-facing child restraint systems in the back seat.
Children between the ages of 1 and 4 weighing between 20 and 40 pounds – The law allows either a rear-facing or forward-facing child restraint system.
Children under 8 – The law requires an age- and size-appropriate child restraint system, such as a car seat or booster seat.
Children between 8 and 15 – The law says they must use either a safety belt or child restraint system that meets manufacturer instructions.

Parents and other drivers are legally responsible for ensuring their child passengers have proper safety restraints. Failure to follow these requirements can result in significant penalties and put children at risk of severe injury or death in a collision.

What Are the Dangers of Not Using a Seat Belt?

Not using a seat belt can have severe consequences in a car crash. According to the National Highway Traffic Safety Administration (NHTSA), more than 25,000 passengers died in vehicle accidents in one recent year – and about half of those killed were not wearing seat belts.

Buckling up dramatically improves your chances of surviving a crash. Seat belts can reduce the risk of fatal injury by 45 percent and moderate to critical injury by 50 percent in cars.

The Colorado Department of Transportation (CDOT) estimates that 70 lives could be saved each year if every Coloradan buckled up. However, only 88 percent do.

When passengers do not buckle up, they can become projectiles during a collision, potentially injuring or killing others in the vehicle. An unbuckled rear seat passenger increases the risk of fatality for the driver by 137 percent. Additionally, not wearing a seat belt puts you at risk of ejection from the vehicle, which often results in death.

Airbags do not provide enough protection on their own. Without a seat belt, airbags can cause serious injuries. To stay safe, always buckle up, regardless of your seating position.

Can You Be Pulled Over for Not Wearing a Seat Belt in Colorado?

In Colorado, adults cannot get pulled over solely for not wearing a seat belt because violating the seat belt law is a secondary offense. This means law enforcement officers can only issue tickets for violations of Colorado’s seat belt law if they stop the driver for another traffic violation.

However, the rules are different for child passengers. If a driver does not properly secure a child in their vehicle, law enforcement can issue a ticket without needing to stop the driver for another offense. This is because Colorado’s child restraint law is a primary enforcement action.

Colorado’s Graduated Drivers Licensing (GDL) law requires all teen drivers under 18 and their passengers to wear seat belts. Officers can pull over teens for not wearing a seat belt or for having unbuckled passengers since this requirement is a primary enforcement rule for young drivers.

What Is the Penalty for Driving Without Wearing a Seat Belt in Colorado?

Driving without a seat belt is a Class B traffic infraction in Colorado. If law enforcement issues a ticket, the driver must pay a fine of $65, along with a $6 surcharge. Officers can only issue tickets for failure to wear a seat belt if they stop a driver for another traffic violation.

However, Colorado police can pull anyone over for driving a child passenger without proper restraints, even if they don’t commit any other traffic violations. The penalties for this offense also include a $65 fine with a $6 surcharge.

If You Weren’t Wearing a Seat Belt in a Car Accident, Could It Affect Your Injury Claim?

It could affect your injury claim if you weren’t wearing a seat belt in a car accident. Insurance companies might argue that your injuries are more severe because you did not buckle up, which could reduce the amount of compensation you receive.

An experienced lawyer can help if you get hurt in an accident someone else causes, even if you weren’t wearing a seat belt. They can gather evidence, negotiate with insurance companies, and present your case effectively to maximize your financial recovery.

Contact a Colorado Car Accident Lawyer

Were you injured in a Colorado car accident while not wearing a seat belt? The Wilhite Law Firm can help.

Our team offers a free initial consultation to discuss your situation and help you explore your options. We have been securing compensation for injury victims since 1977. With our skills, knowledge, and resources, we have been able to recover over a billion dollars in compensation for our deserving clients, including a $4.8 million auto accident injuries settlement. Our clients call our team “truly fantastic” and can tell everyone “really cares about the client.”