Seat belts are required for all motorists in 49 of 50 U.S. states. Only New Hampshire law allows adults to legally choose not to wear seat belts while driving. In Texas, all drivers and their passengers must wear seat belts in moving vehicles regardless of their age, and young children must be restrained in age-appropriate car seats.
Knowing the state’s seat belt requirements and the importance of following this life-saving law is crucial before getting behind the wheel in Texas. If you’re injured by another driver, an Addison auto accident lawyer can explain how those rules factor into your case.
What Does Texas Law Say About Seatbelt Usage?
Under Texas Transportation Code 545.413, the state’s seat belt law states the following:
“A person commits an offense if the person:
- is at least 15 years of age;
- is riding in a passenger vehicle while the vehicle is being operated;
- is occupying a seat that is equipped with a safety belt; and
- is not secured by a safety belt”
The law further states that all minors in Texas under 15 years of age riding as passengers in a moving vehicle must wear a seat belt, unless required by the state’s car seat law to be restrained in a car seat or booster seat.
A properly fitted seat belt should have a lap belt that fits comfortably across the hips, not the stomach, and a shoulder belt that goes over the shoulder and crosses the center of the chest. A child is old enough to ride without a car seat once they can sit back against the seat with their feet flat on the car floor and their seat belt fits as described above.
Is Not Wearing a Seatbelt a Primary Offense In Texas?
Each state has individualized traffic laws. Some traffic violations are considered primary offenses, or those for which law enforcement officers may pull over a driver to issue a citation. Others are secondary offenses, for which a law enforcement officer may not stop a driver but may issue a citation as a secondary offense when pulling over a driver for a primary offense.
In Texas, failing to wear a seat belt is a primary offense. A law enforcement officer may make a traffic stop and issue a citation when they witness a driver or passenger in a moving vehicle without a seat belt.
Fines for failing to wear a seat belt range from $25.00 to $50.00 per offense for an adult’s failure to wear a seat belt and up to a $250.00 fine for an adult’s failure to ensure that minor passengers wear a seat belt or are safely restrained in a size-appropriate car seat.
The Importance of Wearing a Seat Belt In Texas
Seat belts inarguably save lives. The National Safety Council (NSC) and the National Highway Traffic Safety Administration (NHTSA) report that seat belt usage nationwide is now over 91%. Still, despite this statistic, over 48% of car accident fatalities occurred to unrestrained vehicle occupants in 2024.
The following safety data is important for all Texas drivers to consider:
- Wearing a correctly positioned seat belt reduces front-seat passenger deaths by 45% and critical injuries by up to 50%.
- 26% of unrestrained motorist deaths occurred to those over age 75, while over 60% of unrestrained motorist deaths occurred to those between ages 21 and 34.
More males than females suffer severe injuries due to their failure to wear a seat belt in Texas and elsewhere.