Studies have shown that seat belts can prevent serious injuries and even death. Seat belts are designed to prevent ejection from the automobile, slow down the body gradually and protect the head, neck and spinal cord. When seat belts are not used, the injuries from an auto accident can be catastrophic.

Massachusetts has enacted strict seat belt laws and imposes a penalty for drivers and passengers in violation of this law. There are also stringent rules regarding child passenger restraints, which are meant to protect children riding in motor vehicles.

Massachusetts Seat Belt Law
Based on state law, no one is allowed to operate or ride in a private passenger motor vehicle, vanpool or truck under 18,000 pounds without wearing a seat belt. The seat belt must be properly adjusted or fastened. A law enforcement officer can impose a $25 fine on a driver or passenger over the age of sixteen who is found not wearing his or her seat belt. If the other passengers are under the age of sixteen and are not wearing their seat belts, the driver will receive the fine for each person. However, seat belt violations are only given when an automobile has been stopped for another traffic offense.

The seat belt law does not apply to the following individuals:
• Child under the age of 12 who is subject to the child passenger restraint law;
• Driver or passenger(s) of a motor vehicle manufactured before July 1, 1966;
• A person who is physically incapable of using a seat belt;
• Any rural carrier of the United States Postal Service operating a motor vehicle while performing work duties;
• Anyone who operates a taxi, livery, tractor, truck with gross weight of 18,000 pounds or more or bus and any passenger of an authorized emergency vehicle.

Massachusetts Child Passenger Restraint Law
The Massachusetts law regarding child passenger restraints makes it mandatory that all children under the age of 5 and children weighing 40 pounds or less are properly fastened and secured in a child passenger restraint. Child passenger restraints include infant seats, car seats and booster seats. The child must be fastened in the child passenger restraint according to the manufacturer’s instructions. The law also provides that a child under the age of eight has to be securely fastened by a child passenger restraint, unless the child is taller than 57 inches. Individuals exempt from this law include:

• A passenger in a school bus;
• A passenger in a motor vehicle manufactured before July 1, 1966;
• Child who is physically unable to use a conventional child passenger restraint.

If you have been injured in a car accident that was not your fault, contact Thomas M. Kiley & Associates, LLP immediately. You may be able to receive compensation for your injuries.

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