Available 24/7Wearing a seatbelt is an important way to reduce your risk of serious injury in a car accident. Seat belt usage has been shown to prevent fatal injuries and minimize the risk of catastrophic injuries, too. This is why many victims of vehicle accidents may be concerned about Idaho seatbelt laws if they weren’t wearing one at the time of a crash. Working with a knowledgeable personal injury lawyer in Idaho may help you respond to the “seatbelt defense.”
The seatbelt defense is an Idaho law that allows an at-fault driver to reduce their damages owed to a car accident victim if that driver can show the victim was not wearing a lap belt during a crash.
For a victim with substantial damages from an accident, managing a seatbelt defense strategy from the other driver involved can be crucial for helping a victim recover damages, focus on healing, and move forward into the future. Discover the seatbelt laws in Idaho that might influence your car accident injury lawsuit.
If you or someone you know has been hurt in a car accident caused by a distracted, reckless, drunk, or drowsy driver, you have rights. The team at The Sargent Law Firm Injury Lawyers can tell you more about what’s required to recover compensation in your claim, even if you weren’t wearing a seatbelt at the time of the accident.
What Is Idaho’s Seatbelt Law?
Everyone in a car must wear safety restraints according to Idaho seatbelt laws. An officer must have another violation that prompts the traffic stop, but a citation can be issued for only the Idaho safety restraint violation.
Proper restraints are required for children in Idaho and adult drivers and passengers must wear a seatbelt inside a car per Idaho Statute 49-673. Penalties apply for those drivers operating a car in which people are not wearing seatbelts. This includes:
- Adult drivers must pay $10 for passengers under the age of 18 who don’t have proper restraints
- Passengers and drivers aged 18 and above must pay a $10 citation for not wearing a seatbelt
- Court costs also apply to the penalty for a driver or occupant under age 18 not wearing a seatbelt
Idaho’s child seatbelt laws require the use of an appropriate restraint, such as a rear-facing car seat or booster seat. Modern cars all come with a belt across the chest, which is an option for adults for most seats.
If you weren’t wearing a seatbelt at the time of the crash, you may have suffered severe injuries. Seatbelts are designed to keep you in one place during an accident, and without one you may move around inside the car or get ejected from it. If you were not wearing a seatbelt, the liable driver may allege that your injuries were more serious than they would be if you were restrained during the crash in an effort to reduce your damages.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationFault in Accidents Without a Seatbelt in Idaho
Idaho is a fault state, meaning that the person found responsible for causing the accident must pay for property damage and injuries for those hurt in the accident. All Idaho drivers must carry liability insurance coverage to pay for victim medical expenses and vehicle damage.
Drivers in Idaho are able to open personal injury claims to get compensation for basic medical expenses and other costs, such as lost wages. In no-fault states, however, drivers must first use their own personal injury protection to pay for basic medical costs after a wreck, no matter who was at fault. PIP does not apply in Idaho, however, which makes the determination of accident fault a key component of your personal injury claim.
When an accident happens, each driver will notify their insurance company. Those insurance carriers assign adjusters to determine fault for the crash. Drivers with comprehensive or collision coverage might also open a claim with their own insurance carrier before fault has been determined. That driver’s insurance company may cover costs and then get reimbursed from the at-fault driver’s insurance company if their policyholder is found not at fault.
What Is and How Does Comparative Fault Affect Drivers in Regard to Idaho’s Seatbelt Law?
Idaho uses a comparative negligence system. Drivers who are found less than 50% at fault for an accident can collect damages from other parties. However, a driver found to be 51% or more at fault for a crash will have damages reduced by their percentage of fault. A driver found 40% at fault, however, is only able to recover 60% of their damages.
A common tactic for reducing the damage liability for an at-fault party is to argue that the other parties in the crash were not wearing seatbelts. Any victim who was not wearing proper restraints at the time of the crash should hire a personal injury lawyer experienced with the seatbelt defense.
Can I Still Recover Damages if I Wasn’t Wearing a Seatbelt in Idaho?
Evidence of improper restraints cannot be used to show comparative fault and can only be admitted to court for the purpose of assigning damages. Further, seatbelt defenses do not apply in underinsured or uninsured motorist claims, or those actions used to recover on behalf of a minor who is not able to drive except in a case brought by a parent suing a driver for wrongful death.
The party using the seatbelt defense must make a strong case that failing to wear a seatbelt was a contributing cause for the damages or injuries suffered. The submission of misleading evidence can be very harmful to someone who was legitimately injured in an accident caused by someone else’s negligent behavior. A talented and experienced Idaho personal injury lawyer is essential for arguing any case involving the seatbelt defense.
You may still be able to recover damages after an Idaho car accident, even if the other side raises the seatbelt defense.
Idaho Seatbelt Law: Frequently Asked Questions
Understanding Idaho’s seatbelt laws is crucial for ensuring safety and compliance on the road. These laws, designed to protect all passengers, address everything from who must wear seatbelts to the penalties for noncompliance. Below are our Idaho’s personal injury lawyers’ answers to frequently asked questions about seatbelt regulations in Idaho.
Do You Have to Wear a Seatbelt in the Backseat in Idaho?
Yes, Idaho law requires every individual in a vehicle, including backseat passengers, to wear a seatbelt. This regulation applies across all road types, whether in urban areas, highways, or rural roads.
When Did Seatbelt Laws Take Effect in Idaho?
Idaho’s seatbelt law went into effect on July 1, 1986. It mandates seatbelt use for front-seat drivers and passengers in vehicles under 8,000 pounds that were manufactured with safety belts.
What Is the Seatbelt Defense in Idaho?
The seatbelt defense in Idaho allows an at-fault driver to reduce the damages they owe if they can prove the injured party was not wearing a seatbelt during the accident.
How Much Is a No-Seatbelt Ticket in Idaho?
For adults 18 and older, a no-seatbelt violation results in a $10 fine. Drivers are also ticketed for passengers under 18 who are not properly restrained. For drivers younger than 18, additional court costs are applied to the fine if they or their passengers fail to wear a seatbelt.
Contact Sargent Law Firm Injury Lawyers Today
The attorneys at the Sargent Law Firm know what to do when the other drivers argue the seatbelt defense. We leverage resources to help tell the story of the accident and its impact on your life. You have enough to worry about after a critical vehicle accident. Focusing on your medical recovery is vital, and we’ll handle the legal and insurance aspects of your case so you have the best possible chance of recovering compensation.
Contact us today to schedule an initial consultation about your accident. We’ll discuss your rights, deadlines, and potential challenges that may emerge during your lawsuit. Hiring the right lawyer is crucial for giving you the best chance to recover damages to pay your expenses after an accident; don’t hesitate to get help as soon as possible.
