Louisiana Seat Belt Lawyers

In this day and age, buckling up is second nature for most drivers and passengers. But it took a long time and numerous changes before seat belts were widely accepted. In other words, the seatbelt truly has evolved and come a long way since first being introduced by Volvo in 1959!

The first seat belt law in Louisiana went into effect in 1986, which required all passengers in automobiles to buckle up. However, the fact that this rule was passed as a "secondary enforcement law" meant that police could not pull someone over only for failing to wear a seat belt. It wasn’t until a decade later that this same law was switched to a “primary enforcement law” which gave law enforcement permission to pull over drivers strictly for not wearing a seat belt.

Every passenger in a vehicle must now comply with Louisiana's current law, which mandates that all must wear a safety restraint, regardless of where they are seated. From a car wreck lawyer at Murphy Law Firm, find out more about Louisiana's seat belt safety and regulations.

Louisiana law formerly provided that failure to wear a seatbelt could not be admitted as evidence of comparative negligence or failure to mitigate damages. However, as of January 1, 2021, the Legislature repealed this provision. Now, the insurance company can tell the jury that a plaintiff was not wearing their seatbelt and juries can take such failure into account when assessing fault between the parties.” - a Baton Rouge Car Accident Attorney

The NHTSA's most current statistics show that 87.5% of Louisiana drivers and passengers buckle up. Even though that's a reasonable percentage, it still doesn't beat the national average of 90.3%. Louisianans are known for having a good time and living life to the fullest. But the lower percentage means they are at a higher risk of major injury due to a car or truck accident.

Furthermore, there are a few roadways and high-risk places in the Baton Rouge region that we want drivers to be aware of:

• Burbank Drive from Lee Drive to Bluebonnet
• Nicholson Drive
• Staring Lane from Highland Road to Perkins Road
• O’Neal Lane from Harrell’s Ferry Road & I-12
• Highland Road from Perkins Road to Airline Highway

Please note that 51% of passengers in Louisiana were killed in incidents in 2019 while not wearing seat belts, so you should always wear a seat belt when driving in addition to using extra caution on these roads.

Louisiana has seat belt legislation that includes both the general use of seat belts and child restraint devices. These laws are listed in Louisiana Revised Statutes Title 32, 295. Let’s buckle up and unravel the differences.

Louisiana Adult Seat Belt Laws from a Car Wreck Lawyer

• Drivers are obliged by law to wear a seat belt at all times when the vehicle is moving in any passenger car, van, sports utility vehicle, or truck that weighs less than 26,000 pounds and was produced after January 1, 1981.
• The number of passengers a driver may carry must be less than or equal to the number of seat belts that are present in the vehicle.
• Any person riding in a passenger vehicle, van, SUV, or truck that weighs less than 26,000 pounds is required to use a seatbelt.

Child Seat Belt Laws from a Baton Rouge Car Accident Attorney

• As much as children under the age of two like to move and groove, until they reach the height and weight restrictions stated by the car seat's manufacturer, they must be secured in a rear-facing car seat that complies with federal regulations.
• Once a child is over the age of two, and reaches the height and weight restrictions for rear-facing car seats, they must be fastened in a forward-facing car seat with an internal harness until they reach the restrictions for that position.
• Children who have outgrown forward-facing car seats and are at least four years old must be restrained in a child booster seat using a lap and shoulder seat belt.
• Children who are at least nine years old and no longer fit in a kid booster seat must be adequately fitted with a regular seat belt that is securely wrapped around their bodies.
• The rear seat of a vehicle must always be used to transport children under the age of thirteen.

• As much as children under the age of two like to move and groove, until they reach the height and weight restrictions stated by the car seat's manufacturer, they must be secured in a rear-facing car seat that complies with federal regulations.
• Once a child is over the age of two, and reaches the height and weight restrictions for rear-facing car seats, they must be fastened in a forward-facing car seat with an internal harness until they reach the restrictions for that position.
• Children who have outgrown forward-facing car seats and are at least four years old must be restrained in a child booster seat using a lap and shoulder seat belt.
• Children who are at least nine years old and no longer fit in a kid booster seat must be adequately fitted with a regular seat belt that is securely wrapped around their bodies.
• The rear seat of a vehicle must always be used to transport children under the age of thirteen.

We’ve all seen the “Click It or Ticket” signs while driving around Louisiana, but what happens if you're caught? As little as this may seem at first, violating Louisiana seat belt laws can actually be considered either a primary or secondary offense. For instance:

• A major offense is failing to restrain a kid in a child restraint device of any kind. For your first offense, you face a $100 fine; for your second, between $250 and $500; and for your third, $500 plus court fees.
• Use of a child restraint system that is not the right size or type is a secondary offense. If you are stopped for a traffic infraction, you may receive a fine of up to $100, expenses included, plus court costs.
• If you or a passenger is caught driving without a seat belt, you may be subject to fines of $50 for the first violation, $75 for the second offense, and $75 plus court costs for all future crimes. There will be a $20 surcharge added for each violation if the crime took place in Orleans Parish.

FYI: If you frequently travel to other states for work or pleasure, be sure to familiarize yourself with the seat belt regulations there as well!