seat belt

n.
A safety strap or harness designed to hold a person securely in a seat, as in a motor vehicle or aircraft. Also called safety belt.

This entry contains information applicable to United States law only.

A restraining device used to secure passengers in motorized vehicles.

Congress first passed seat-belt legislation in 1966. Under Section 402 of 23 U.S.C.A. (1997), a portion of federal highway funds may be withheld from states if they do not have an approved highway safety program to reduce the number and severity of traffic accidents. One of the measures a state must include in its highway safety program is a provision that encourages drivers and passengers to use seat belts. Most states have passed and continue to maintain legislation requiring drivers and front-seat passengers in motorized vehicles to wear seat belts.

In states that require the use of seat belts by all drivers and front-seat passengers, the failure to use a seat belt is a violation that carries a small fine. In most of these states, police officers do not stop persons in vehicles for failing to use a seat belt. In West Virginia, for example, Section 17C-15-49 of West Virginia Code states, "Enforcement … shall be accomplished only as a secondary action when a driver of a passenger vehicle has been detained for probable cause of violating another section of this code." In other words, once a vehicle is stopped for any other infraction, the driver may be ticketed if the driver or a front-seat passenger is not belted. The fine for violating a mandatory seat-belt law usually is minimal; in West Virginia, the fine is $25.

Seat-belt requirements in states without mandatory seat-belt laws are less comprehensive. In New Hampshire, for example, motor vehicle passengers under the age of twelve must wear a seat belt, but adults have no such man- date (N.H. Rev. Stat. Ann. § 265: 107-a [1995]). The New Hampshire Department of Safety administers programs that increase public awareness of the importance of seat belts, and roadside signs placed throughout the state remind drivers that buckling up is mandatory for children and sound advice for all persons.

The failure of a driver or front-seat passenger to wear a seat belt can have consequences in personal injury lawsuits. Under court decisions and statutes in some states, the plaintiff's failure to wear a seat belt can decrease his or her recovery for injuries in a car accident. In other states, cases and statutes hold that the failure to wear a seat belt may not be used in court as a mitigating factor in figuring the plaintiff's damages.

In states that limit the recovery of unbelted plaintiffs, courts employ various methods to mitigate damages. Under the causation approach, a plaintiff may not recover damages for injuries caused by the failure to wear a seat belt. Some states require that the plaintiff prove that the accident injuries would have occurred even if the plaintiff had worn a seat belt. Other states hold that the defendant must prove that the plaintiff's injuries would not have occurred had the plaintiff worn a seat belt. Identifying and apportioning the various factors contributing to the plaintiff's injuries is a difficult task. Personal injury cases involving unbelted plaintiffs in these states rely heavily on medical expert testimony.

Under the plaintiff misconduct approach, the court examines whether the plaintiff was at fault in failing to wear a seat belt. If the plaintiff should have been wearing a seat belt under the state seat-belt laws, the failure to wear the belt may mitigate the plaintiff's damages or completely bar any recovery.

; mitigation of damages.

See: automobiles.

Note: click on a word meaning below to see its connections and related words.

The noun has one meaning:

Meaning #1: a safety belt used in a car or plane to hold you in your seat in case of an accident

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Dansk (Danish)
n. - sikkerhedssele, sikkerhedsbælte

Français (French)
n. - ceinture de sécurité

Deutsch (German)
n. - Sicherheitsgurt

Ελληνική (Greek)
n. - ζώνη ασφαλείας επιβατών

Italiano (Italian)
cintura di sicurezza

Português (Portuguese)
n. - cinto de segurança (m)

Русский (Russian)
спасательный пояс, предохранительный пояс

Español (Spanish)
n. - cinturón de seguridad

Svenska (Swedish)
n. - säkerhetsbälte

中文（简体）(Chinese (Simplified))
安全带

中文（繁體）(Chinese (Traditional))
n. - 安全帶

한국어 (Korean)
n. - 좌석 벨트, 안전 벨트

日本語 (Japanese)
n. - シートベルト, 座席ベルト

עברית (Hebrew)
n. - ‮חגורת-בטיחות‬

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Seat Belt Submarining Kids	seat belt cover
Original Seat Belt Bags	seat belt extension