Seat belts are one of the most effective safety measures for reducing injuries and fatalities in car accidents. Colorado law seatbelt requirements are based on a person’s age, seating position, and vehicle type. If you or someone you love has been injured in a car crash, you should seek legal help from an experienced Colorado car accident attorney to recover maximum damages.
Colorado’s Seatbelt Regulations
Adults (Drivers and Front-Seat Passengers)
- Colorado enforces a secondary seat belt law for adults, which means law enforcement cannot stop a driver solely for not wearing a seat belt. However, if the driver is pulled over for another traffic violation (e.g., speeding), they may also receive a seat belt citation.
- Penalty: A fine of $65 for failing to wear a seat belt.
Teen Drivers (Under 18 Years Old)
- Colorado has a primary enforcement seat belt law for drivers under 18, meaning law enforcement can pull over a young driver solely for not wearing a seat belt.
- This applies to both the driver and all passengers, regardless of where they’re sitting in the vehicle.
- Penalty: A fine of $65 for violations.
Child Passenger Safety Laws (Under 16 Years Old)
Officers can stop and ticket a driver if they observe a child who’s improperly restrained or not wearing a seat belt. Proper child restraint use depends on the child’s age, weight, and height:
- Infants (Under 1 Year & Less than 20 lbs.): Must be in a rear-facing car seat in the back seat
- Toddlers (Ages 1 to 4 & 20-40 lbs.): Must be secured in a forward-facing car seat with a five-point harness
- Young Children (Ages 4 to 8): Must be in a booster seat until they’re at least 8 years old and meet height/weight requirements for seat belts
- Older Children (Ages 8 to 15): Must wear a seat belt at all times, regardless of seating position
Exemptions to Seatbelt Law Colorado
Colorado law provides a few exemptions from mandatory seat belt use:
- Vehicles Manufactured Before 1968: These vehicles aren’t required to have seat belts installed.
- Medical Exemptions: A person with a medical condition that prevents the use of a seat belt is exempt if they carry a written statement from a licensed physician verifying the condition.
- Emergency and Certain Work Vehicles: Law enforcement, emergency responders, and utility workers operating vehicles under specific conditions may be exempt.
Why Colorado’s Seat Belt Laws Matter
Seat belts reduce the risk of death and serious injuries in car crashes. In Colorado, the seat belt usage rate in 2023 was 88.6%, the highest on record for the state. According to the Colorado Department of Transportation (CDOT), unbelted occupants account for nearly 50% of traffic fatalities in the state each year.
Common Misconceptions About Seat Belt Laws
I don’t have to wear a seat belt if I’m in the back seat.
While adults (16+) aren’t legally required to wear a seat belt in the back seat, doing so increases safety. Unbelted rear passengers can become projectiles in a crash, causing serious injury or death to themselves and others.
If I drive carefully, I don’t need a seat belt.
Even the safest drivers cannot control other motorists’ actions. A seat belt is your best protection in a crash caused by another driver’s negligence.
Seat belts cause more harm than good in an accident.
This myth has been debunked. In fact, unbelted occupants are far more likely to be ejected from a vehicle during a crash, which increases the risk of fatal injuries.
Penalties for Violating Seat Belt and Child Restraint Laws
- Adult Seat Belt Violation: $65 fine
- Child Passenger Safety Violation: $82 fine
- Teen Seat Belt Violation: $65 fine
- Failure to Properly Restrain a Child Under 16: Hefty fines and potential child endangerment charges
The Importance of Wearing a Seat Belt
Colorado’s Click It or Ticket campaign reminds drivers and passengers that seat belt use is a simple and effective way to stay safe and avoid unnecessary fines. In addition to legal penalties, failing to wear a seat belt can impact personal injury claims—insurance companies may reduce compensation if they determine that injuries were worsened by not wearing a seat belt.
Can You Recover Compensation in Colorado if You Were Injured While Not Wearing a Seat Belt?
In Colorado, failing to wear a seat belt does not automatically prevent you from recovering compensation if you were injured in a car accident caused by another driver’s negligence. However, it can impact the amount of damages you receive due to Colorado’s comparative negligence rule and the seat belt defense used by insurance companies.
Colorado’s Modified Comparative Negligence Rule
Colorado follows a modified comparative negligence system under C.R.S. § 13-21-111. This means you can still recover damages as long as you aren’t 50% or more at fault for the accident. If you’re found partially at fault, your compensation will be reduced by your percentage of fault.
For example, if your total damages are $100,000, but you’re found 20% at fault for your injuries due to not wearing a seatbelt, your compensation would be reduced by 20%, leaving you with $80,000.
The Seat Belt Defense in Colorado
Colorado law allows insurance companies and defense attorneys to argue the “seat belt defense”—meaning they can claim that your failure to wear a seat belt contributed to the severity of your injuries.
However, under C.R.S. § 42-4-237(7), the seat belt defense has limitations:
- Your failure to wear a seat belt cannot be used as evidence of negligence.
- It can only be used to reduce damages for injuries that could have been prevented or lessened by seat belt use.
- The maximum reduction in damages due to the seat belt defense is limited to 5% of the total awarded damages.
For example:
- If a jury awards you $200,000, the most that can be deducted due to not wearing a seatbelt is $10,000 (5%), leaving you with $190,000.
What Does This Mean for Your Personal Injury Claim?
- You can still recover compensation even if you were not wearing a seatbelt, as long as another driver was primarily at fault.
- Your total damages may be reduced due to the seat belt defense, but only by a maximum of 5%.
- Comparative negligence may further reduce your compensation if the defense proves that failing to wear a seat belt directly worsened your injuries.
How a Colorado Car Accident Lawyer Can Help
A skilled Colorado personal injury attorney can:
- Argue against unfair reductions in compensation
- Work with accident reconstructionists and medical experts to show how your injuries would have occurred regardless of seat belt use
- Maximize your financial recovery by proving the full liability of the at-fault driver
While not wearing a seat belt may impact your claim, it doesn’t automatically bar you from recovering damages. An experienced attorney can help minimize reductions and pursue the maximum compensation you’re entitled to.
Frequently Asked Questions on Colorado Seatbelt Laws
Does Colorado’s seat belt law apply to passengers in rideshare vehicles like Uber and Lyft?
Yes. Passengers in rideshare vehicles, including Uber and Lyft, must comply with Colorado’s seat belt laws. While Uber and Lyft drivers are required to follow safety regulations, passengers who fail to wear a seat belt may be found partially responsible for their injuries in an accident, which could affect their ability to recover full compensation.
Are seat belt laws different for out-of-state drivers in Colorado?
No. Out-of-state drivers must follow Colorado’s seat belt laws when operating a vehicle within the state. Even if their home state has more lenient seat belt regulations, they’re subject to Colorado’s laws while driving on Colorado roads.
Are seat belts required in classic or antique cars in Colorado?
No. Vehicles manufactured before 1968 are generally exempt from Colorado’s seat belt requirements because they were not originally equipped with seat belts. However, installing and using seat belts in classic cars is strongly recommended for safety and liability reasons.
Are farm vehicles and construction equipment exempt from seat belt laws in Colorado?
Yes. Farm tractors, off-highway construction vehicles, and certain work-related utility vehicles are generally exempt from Colorado’s seat belt laws. However, operators and passengers should still wear seat belts whenever possible for safety.
Can parents be charged with child endangerment for not securing a child in a car seat or seat belt?
Yes. If a child is injured in an accident due to improper restraint, parents or guardians could face criminal charges, including child endangerment or reckless endangerment, especially if the failure to secure the child contributed to serious injuries.
Get Personalized Legal Representation from Our Colorado Car Accident Lawyer
If you or a loved one has been injured due to someone else’s negligence, our attorneys at Ganderton Law, LLC will fight to recover the largest possible compensation for your injuries and losses. With over 17 years of experience, including time spent as an insurance defense attorney, David Ganderton has the insight and trial skills needed to stand up to powerful insurers and maximize your financial recovery. To schedule your free consultation, call us at (888) 711-4006 or contact us online.
