Michigan Seat Belt Use and Personal Injury Claims

Not wearing a seat belt does not automatically eliminate a Michigan personal injury claim. The alleged restraint violation, its effect on the injuries, and the evidence about who caused the collision are separate questions.

Understand the statutory limit in context

Michigan’s seat belt statute addresses required belt use and provides that a qualifying violation may be evidence of negligence but cannot reduce recovery by more than 5%. Have counsel evaluate the provision’s application to the actual claim rather than treating it as a general fault percentage for every issue.

The statute does not establish that an unbelted person caused the crash or that every injury would have been avoided with a belt. Those questions require evidence. Tell your lawyer accurately whether and how the restraint was used.

Preserve restraint and collision evidence

• Keep the vehicle’s condition documented before repair or disposal when restraint performance may matter.
• Save scene photographs, emergency records, witness information, and any description of occupant position.
• Keep medical records addressing the injuries and any relevant expert assessments.
• Identify the seating position and restraint type rather than using a general statement that everyone was “buckled.”

Children’s restraints need a separate current-law check

Michigan updated its child passenger safety rules effective April 2, 2025. The requirements depend on age, size, restraint type, manufacturer limits, and seating circumstances. Use the Michigan State Police child passenger safety resource instead of the older under-four summary that previously appeared here.

Our child car-seat guide focuses on installation, current sources, and preservation after a collision.

Do not confuse seat belt evidence with all comparative fault

Other conduct contributing to a collision can involve separate comparative-fault rules. See Michigan’s motor-vehicle comparative-fault guide for the noneconomic-damages distinction. Our car accident practice page explains representation in the overall injury claim.

Talk with Logeman & Iafrate

Request a free consultation or call (734) 994-0200 to discuss your situation with our Ann Arbor office. Bring the relevant records and any insurer correspondence. Advice about your claim depends on the facts, coverage, and applicable deadlines.

General information only; this article is not legal advice for an individual case.

Does being unbelted automatically defeat my lawsuit?

No. The statute, causation, and facts must be evaluated.

Are the old under-four car-seat rules sufficient today?

No. Check the updated child passenger safety requirements and the seat’s manufacturer instructions.