Understanding the Colorado seat belt law is critical, particularly when injuries are involved. As car accident attorneys serving communities across Colorado, we know how quickly questions around fault, compliance, and compensation arise. At Cannon Law, our Fort Collins car accident lawyer team works to help you understand where you stand and what comes next.
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CALL US (970) 471-7170What Is Colorado’s Seat Belt Law?
Colorado General Assembly’s seat belt law requires drivers and front-seat passengers to wear seat belts. This regulation is part of the state’s broader initiative to reduce traffic-related injuries and fatalities. The rule is enforced for adults as a secondary offense, meaning law enforcement can only issue a citation if the driver is stopped for another violation. In contrast, for drivers under 18 and child passengers, the law is classified as primary enforcement—officers may stop a vehicle solely for seat belt noncompliance.
Who Is Required to Wear a Seat Belt in Colorado?
In Colorado, all drivers and front-seat passengers must wear seat belts while in a vehicle moving on public roads. Proper restraint depends on age, weight, and height for anyone under 18.
Adult seat belt laws are currently enforced as secondary violations, while teen drivers and their occupants fall under primary enforcement.
Starting January 1, 2025, new legislation will require rear-facing car seats for children under age two and mandate seat belt use for passengers aged 9 to 18.
Seat Belt Laws for Children in Colorado
Children are subject to more specific seat belt and car seat requirements in Colorado. Anyone under 16 must be properly restrained based on age, weight, and height.
The law defines the following guidelines:
- Under 1 year and under 20 pounds: Must be secured in a rear-facing car seat in the back seat.
- Ages 1 to 3 and 20–40 pounds: Require a forward-facing car seat.
- Ages 4 to 7: A booster seat is mandatory until the child reaches 4 feet 9 inches.
- Ages 8 to 15: Must wear a seat belt regardless of where they’re seated in the vehicle.
Penalties for Not Wearing a Seat Belt in Colorado
Failing to wear a seat belt in Colorado typically results in a $65 fine. That includes a $6 surcharge. However, if a child passenger is not properly restrained, the fine increases significantly and may carry driver’s license points.
For example:
- First-time child restraint violations result in a minimum $82 fine.
- Repeated offenses may increase fines and impact your insurance rates or driving record.
Exceptions to Colorado’s Seat Belt Law
There are a few exceptions to the seat belt requirement in Colorado. These include:
- Drivers or passengers in vehicles not originally manufactured with seat belts (typically classic cars).
- People with medical conditions that prevent seat belt use (with proper documentation).
- Newspaper, postal, and delivery route workers make frequent stops.
- Emergency responders are on official duties.
These situations are rare, and proving an exemption can be challenging.
Is Not Wearing a Seat Belt Considered Negligence in a Car Accident?
Not wearing a seat belt in Colorado can be considered comparative negligence. This means it could affect the outcome of your personal injury claim. For instance, if you were not wearing a seat belt and suffered injuries in a crash, the other party may argue that your injuries were worsened due to non-compliance. This argument could reduce your financial recovery, even if the other driver were at fault.
Colorado follows a modified comparative negligence system. You can’t recover damages if you’re found more than 50% at fault. If you’re less than 50% responsible, your compensation will be reduced by your percentage of fault.
What to Do If You Were Injured in a Crash and Weren’t Wearing a Seat Belt
You still have legal rights even if you weren’t wearing a seat belt. Not wearing one doesn’t automatically disqualify you from seeking damages. However, you’ll need strong legal support to navigate the arguments insurance companies may use to reduce your claim.
Here’s what you should do:
- Get medical attention immediately, regardless of how you feel.
- Document the scene, your injuries, and any witnesses.
- Don’t admit fault or make assumptions when talking to insurers.
- Contact a car accident lawyer who is familiar with Colorado seat belt law.
Even if the law wasn’t on your side in terms of compliance, it still protects you from unfair blame when someone else caused your injuries.
Contact a Colorado Car Accident Lawyer Today
Facing injuries after a crash? A lawyer familiar with Colorado seat belt law can help protect your rights. Contact Cannon Law to discuss your case and explore your recovery options.