Most people already know that seat belts save lives. The NHTSA estimates that seat belt use saved nearly 15,000 lives in 2017, and the national use rate reached 91.2 percent in 2024. But what a lot of people do not realize is that nearly half of passenger vehicle occupants killed in crashes in a one-year period were not wearing one.
In a lot of states, not wearing your seat belt gives the other driver's insurance company a very convenient way to cut your compensation or deny the claim altogether. Virginia law works differently, and that can have an impact on your car accident case.
Contributory Negligence and Why It Matters Here
Virginia follows the doctrine of contributory negligence. It is one of the harshest liability rules in the country. If the court finds that you were even slightly at fault for the collision, you get nothing. Not a reduced award. Nothing. One percent fault is enough to bar your entire claim.
Insurance adjusters know this. When evaluating a Virginia Beach car accident claim, they are already considering what a jury might do. If they can point to anything that suggests you share blame for the wreck, they will use it to justify a lowball offer or a flat denial.
So the obvious question becomes: does not wearing a seat belt count as being partially at fault?
Virginia Law Says No
This is where the law is actually in your favor. Under Virginia Code Section 46.2-1094(D), failing to wear a seat belt does not constitute negligence. It cannot be used to reduce your damages. It cannot be admitted as evidence in court. The opposing lawyer is not even allowed to bring it up in front of a jury.
That is a powerful protection, and it is written right into the statute. So if another driver ran a light and hit you, and you happened to not be buckled in, you can still pursue the full value of your medical bills, lost income, pain and suffering, and whatever else the crash cost you.
What the Seat Belt Law Actually Requires
Virginia requires drivers and all front-seat passengers to buckle up whenever the vehicle is moving on a public road. Rear-seat passengers under 18 must also be belted. The fine for a violation is $25, and no demerit points are added to your record.
Virginia considers this a secondary enforcement law for adults. A police officer cannot pull you over just because you are not wearing a seat belt. They can only cite you for it if they have already stopped you for something else, like speeding or a broken taillight.
Child Car Seat and Booster Seat Rules
The rules for kids are more specific and carry a bit more weight. Under Virginia Code Section 46.2-1095, here is what parents and caregivers need to know:
- Children under two must ride rear-facing unless they have exceeded the car seat manufacturer's height or weight limit
- After outgrowing a rear-facing seat, children move to a forward-facing car seat with a harness
- Kids under eight who have outgrown the forward-facing harness must use a booster seat
- Children ages eight through seventeen need to be in a standard seat belt at all times
Rear-facing seats must be placed in the back of the vehicle. If there is no back seat, the front passenger seat is acceptable only when the airbag has been turned off or the vehicle does not have one.
The Insurance Company Will Still Try
Despite the fact that seat belt non-use cannot be held against you, it does not mean the adjuster is going to write you a fair check without a fight. They will look for other angles, such as pre-existing conditions, gaps in medical treatment, and disputes over how the crash actually happened.
This is especially true in a Virginia Beach car accident where the injuries are serious, and the stakes are high. Having a lawyer who understands how Virginia's contributory negligence rules work and who knows how to counter the insurance company's tactics makes a real difference in the compensation you end up with.
The attorneys at Shapiro, Washburn & Sharp have been handling injury cases since 1985. That is four decades of going up against insurance companies and their lawyers. The firm brings more than 100 years of combined legal experience to every case.
Talk to a Lawyer About Your Car Accident
If you were hurt in a crash and you were not wearing a seat belt, do not let that stop you from looking into your options. Virginia law protects your right to pursue a claim, and the Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp can walk you through what your case is worth. The firm has recovered millions on behalf of injured clients, including a $5.5 million settlement for a family severely injured when a commercial truck rear-ended their car at a red light in Virginia Beach. Contact us at 833-997-1774 for a free consultation. Shapiro, Washburn & Sharp has offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake.
