What is the ‘Seatbelt Rule’ in Las Vegas Car Accidents Cases?

Everyone knows that they are required to wear their seat belts while driving or riding in a car. However, most people do not know where the rule comes from or what implications it has in a Las Vegas car accident case. Today’s blog discusses what happens when the law on wearing your seat belt is not followed. For ease, personal injury attorneys call it the “Seat belt Rule”. The Seat belt Rule is laid out in Nevada Revised Statutes (“NRS”) §484D.495.   

NRS §484D.495 requires adults riding in cars to wear seat belts.  However, the law says that a violation of the rule is not a moving traffic violation and may not be considered as negligence in any personal injury action action. Relevant portions of NRS §484D.495 are set forth below:

  NRS 484D.495  Safety belts and shoulder harness assembly; requirements for child and other passenger; penalty; exemptions.
        ….
      2.  Any person driving, and any passenger who:
      (a) Is 6 years of age or older; or
      (b) Weighs more than 60 pounds, regardless of age, who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.
        ….
      4.  A violation of subsection 2:
      (a) Is not a moving traffic violation under NRS 483.473.
      (b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.
      (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.
      5.  The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.
      6.  The provisions of subsections 2 and 3 do not apply:
      (a) To a driver or passenger who possesses a written statement by a physician certifying that the driver or passenger is unable to wear a safety belt for medical or physical reasons;
      (b) If the vehicle is not required by federal law to be equipped with safety belts;
      (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this State;
      (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or
      (e) Except as otherwise provided in NRS 484D.500, to a passenger riding in a means of public transportation, including a school bus or emergency vehicle.
        ….
 

 So, what does this actually mean in a Las Vegas car accident case? It means that although the law requires you to wear your seat belt, evidence of whether you were wearing your seat belt, in a car crash, does not come into a jury trial. For example, let’s assume you are driving in your car for a short trip to the corner store and do not put on your seat belt. While you are driving, a drunk driver crashes into your car, causing you to be thrown forward. Due to the accident, you sustained serious injuries. Based on the ‘Seat belt Rule’, the drunk driver would NOT be allowed to bring up the fact that you were not wearing your seat belt, to somehow show it was the cause of your injuries.
 
Next time, we will discuss when the at-fault party makes a demand for “security costs” in Las Vegas personal injury cases.