Motor Vehicle Accidents

Personal Injury Lawsuits and the Michigan Seat Belt Law

Michigan has a primary seat belt law, which means that law enforcement can stop and ticket drivers solely for not being buckled up. (See MCL 257.

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Michigan has a primary seat belt law, which means that law enforcement can stop and ticket drivers solely for not being buckled up. (See MCL 257.710e(7)) Violating the seat belt law is a civil infraction and no points are placed on a person's driver's license.

The seat belt law requires:

Passengers ages 8-15 are required to buckle up in all seating positions
Drivers and front seat passengers are required to be buckled up

Michigan's child passenger safety law requires:

Children younger than age 4 to ride in a car seat in the rear seat if the vehicle has a rear seat. If all available rear seats are occupied by children under 4, then a child under 4 may ride in a car seat in the front seat. A child in a rear-facing car seat may only ride in the front seat if the airbag is turned off.
Children must be properly buckled in a car seat or booster seat until they are 8 years old or 4-feet-9-inches tall. Children must ride in a seat until they reach the age requirement or the height requirement, whichever comes first.

Failure to wear a seat belt does not bar a personal injury lawsuit.

If you were injured in a car accident and you were not wearing a seat belt as required by law, this may be evidence of negligence and used to reduce your recovery for damages from the at-fault driver. The failure to wear a seat belt cannot reduce your pain and suffering compensation recovery "by more than 5%." [MCL 257.710e(8)]

Reduce your risk of injury by wearing your seat belt properly at all times

The shoulder belt should be across the middle of your chest and away from your neck.
The lap belt should be across your hips and below your stomach.
Never place the shoulder strap under your arm or behind your back.
The belt should not be loose to allow the wearer to move freely in the seat.
Make sure your seat belt retracts properly.

Defective seat belts causing personal injury

A seat belt could have a defective latch or another problem that would result in its not performing as expected in emergency situations. If you were wearing your seat belt properly and it failed because either it detached or didn't tighten during the impact in order to keep you restrained, this failure could cause you to be more seriously injured.
If your car was totaled, it's critical to have it inspected immediately. Once the car is destroyed, you can no longer have it inspected for evidence of seat belt failure, and this may bar a lawsuit for recovery of damages against the seat belt manufacturer.

Experienced Personal Injury Attorneys in Michigan

Logeman, Iafrate & Logeman, P.C. is a top-rated Michigan personal injury and car accident law firm located in Ann Arbor which has represented seriously injured clients for more than 45 years. Our commitment to service is absolute, from your initial consultation to litigation, our expert attorneys will fight for your best interests.

It is extremely important to have an experienced lawyer review any injury claim resulting from a car crash. Contact our attorneys for a free consultation, advice or for help with your personal injury claim.

Frequently Asked Questions

Can I still file a personal injury lawsuit if I wasn't wearing a seat belt?

Yes, you can still file a personal injury lawsuit in Michigan even if you weren't wearing a seat belt. However, your failure to wear a seat belt may be used as evidence of negligence and could reduce your pain and suffering compensation by up to 5% under MCL 257.710e(8).

What are Michigan's seat belt requirements for adults?

Michigan law requires all drivers and front seat passengers to wear seat belts. Additionally, passengers ages 8-15 must be buckled up in all seating positions. This is a primary enforcement law, meaning officers can stop and ticket drivers solely for seat belt violations.

What are the child car seat requirements in Michigan?

Children under age 4 must ride in a car seat in the rear seat. Children must use a car seat or booster seat until they are 8 years old or 4-feet-9-inches tall, whichever comes first. Rear-facing car seats can only be in the front seat if the airbag is turned off.

What should I do if my seat belt failed during a car accident?

If your seat belt failed during an accident, it's critical to have your vehicle inspected immediately before it's destroyed. A defective seat belt that detaches or fails to tighten properly may entitle you to file a product liability lawsuit against the manufacturer. Once the vehicle is destroyed, you lose the ability to preserve this crucial evidence.

How much can my compensation be reduced for not wearing a seat belt?

Under Michigan law (MCL 257.710e(8)), failure to wear a seat belt cannot reduce your pain and suffering compensation by more than 5%. This limitation protects injured parties from excessive penalties while still acknowledging the importance of seat belt use.

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Adrienne Logeman is an exceptional auto injury attorney. Adrienne put me at ease and explained every step of the process. She was composed, professional, polite and extremely competent. The jury returned a unanimous verdict in our favor. I could not have asked for better representation and care. I am very thankful for her. An incredible experience.

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Jim Iafrate and his staff are wonderful to work with, professional, compassionate, and do everything in their power when working on your case. I was always part of the process as communication was timely. Additionally, they know the law and will not be bullied by big insurance companies.

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Jim handled our case resulting from a very bad automobile accident. Both my husband and I were injured. He is very personable and efficient. He came to our home to get the details of the accident and continued to provide excellent handling of our case to the end when he reached an excellent settlement for us. We feel we became friends during this whole process.

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By far the best lawyer I’ve ever had!

I had the pleasure of Jim Iafrate representing me. He was professional, had excellent communication skills and is trustworthy. He always kept me up-to date, was responsive and worked diligently. His abilities enabled us to settled my case in a timely manor. Thanks for your hard work Jim!

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I can not say enough about this firm they continue to advocate for me!

I was in 2 different catastrophic car accidents. Jim Iafrate has been my attorney for many years. I can say that without a doubt he is the best attorney in this field. Jim and his staff are professional and compassionate. I highly recommend him to anyone looking for a attorney that has been in a car accident. Jim will go above and beyond for his clients.

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