Nevada Seat Belt Law

Failing to wear a seat belt can get you a ticket if you are pulled over in Nevada. No matter where you are sitting, every passenger inside a vehicle must have a seat belt on at all times. What you may not know is if you get into an accident without your seat belt on, it can negatively impact your injury claim even if someone else is responsible for your collision.

Seat Belt Laws in Nevada

Under Nevada Revised Statutes 484D.495, every passenger in a moving vehicle who is older than six or who weighs 60 pounds or more must wear a safety belt or shoulder harness. The seat belt worn must be fitted for the person’s seating position. Drivers and passengers who violate this law can be ticketed, and if a child is not wearing a seat belt, the driver may be issued a citation. 

Penalties for Violating Nevada’s Seat Belt Law

Driving without a seat belt is a secondary offense and misdemeanor, which means you cannot be pulled over for that violation alone. No points will be added to your license. However, the offense will go on your criminal record, and you will receive a $25 fine. The court may issue a bench warrant for your arrest if you fail to respond to a seat belt ticket. There are a few exceptions to Nevada’s seat belt law, including: 

• The driver or passenger has a doctor’s note stating they cannot wear a seat belt due to medical reasons. 
• People on public transportation. 
• Delivery drivers who make frequent stops and travel no more than 15 mph. 
• Postal carriers who are delivering mail. 

What Happens if You Get Into an Accident Without a Seat Belt?

Getting into a car accident without a seat belt significantly increases the chances of you being seriously injured or killed. Additionally, Nevada follows the rule of modified comparative fault, often referred to as the “51 percent rule.” Under this system, multiple parties can be liable for a car accident, and their compensation will be reduced based on their level of fault. If you were not wearing a seat belt at the time of your accident, you will automatically be at least partially to blame for your injuries. You may not be barred from recovering compensation, but you will receive less. 

For example, if you are awarded $10,000 but an insurance company determines you are 30% at fault for your injury because you didn’t wear a seat belt, you will only recover 70% or $7,000. However, because of Nevada’s 51 percent rule, if you are found to be 51% or more responsible for your injury, you cannot recover compensation. 

Can It Be Proven That You Were Not Wearing A Seat Belt?

Yes, the responding police officer will likely be able to tell whether you were wearing a seat belt and will note it in their accident report. They will speak with drivers and passengers from every vehicle involved and may use eyewitness testimony. Your injuries may also provide proof that you did not have a seat belt on, and if necessary, traffic light cameras or dashboard cameras may be used as evidence. 

Contact Harris & Harris Injury Lawyers

If you or someone you love has been injured in a car accident without a seat belt, it doesn’t mean you cannot receive compensation. Call (702) 384-1414 and discuss your options with our Las Vegas car accident attorney in a free consultation today.