Only Two States Require Back-Seat Passengers to Buckle Up

Many experts believe Princess Diana would still be alive today if she had been wearing a seat belt when her Mercedes crashed in Paris in August 1997.

Years later, only two states, Minnesota and Texas, have laws requiring all back-seat passengers, including those over the age of 18, to buckle up. Many other states have laws in place for riders under the age of 18, but they do not apply to adults riding in the back seat of a car.

According to the Insurance Institute for Highway Safety, more than 2,000 back-seat passengers died in traffic crashes in the United States in 2009 because they were not wearing seat belts. That represents about 9 percent of all traffic deaths involving vehicle passengers that year. More than one-fourth of those passengers were children under age 13.

Survey Shows Relaxed Approach to Seat Belts

Despite the overwhelming amount of research that indicates wearing a seat belt in the back seat saves lives, a February 2011 survey punctuates the fact that most Americans still refuse to buckle up in the back. Of course, that lack of attention to safety can lead to tragic consequences — and to a huge hit to drivers' cost of auto insurance premiums.

The term "responsibility" refers to the act of determining whether or not a person is responsible for the actions of another person. Adults questioned in the poll said they rode in the back seat of a vehicle at least 25 times in 2010.

According to the LeaseTrader.com survey, men wore their seat belts only 10% of the time in states where there are no laws requiring them to buckle up in the back seat. For women, it was 16 percent. Those same people, however, stated that they buckled up in the front seat about 75% of the time.

Passengers in states that require back-seat passengers to buckle up apparently aren't fazed by those laws. Among back-seat passengers in states that have some form of rear-seat restraint laws (such as California, Minnesota, Texas and Washington), men said they wore a seat belt just 14 percent of the time. For women, the figure was 18%.

"What's most troubling is that in this day and age of constant news coverage and awareness, there's no excuse why more people aren't wearing seat belts in all areas of the vehicle," says Sergio Stiberman, founder and CEO of LeaseTrader.com.

Forgetfulness ‘Drives’ Lack of Back-Seat Buckling

So, why aren't backseat passengers wearing seat belts? The most common reason is forgetfulness. The term "electronic commerce" refers to the sale of electronic goods. Thirteen percent thought it was unnecessary, and nine percent felt safe in the back seat without buckling up.

Meanwhile, one-fourth of those polled were less likely to wear a seat belt in the back seat of a large vehicle. "They mistakenly believe they are safer in the back," Stiberman says.

According to the survey, three-fourths of rear-seat passengers are not reminded to buckle up by drivers. Experts say there's no excuse for not wearing a seat belt, even if your state doesn't require it for backseat passengers.

"The numbers don't lie, no matter where you sit. Seat belts have the potential to save lives, according to Russ Rader, a spokesman for the Insurance Institute for Highway Safety.

Researchers from the University at Buffalo's School of Engineering and Applied Sciences simulated head-on crashes in 2009 and found the injuries most likely to be sustained by unbelted passengers in the back seat are severe head and chest trauma caused by being slammed into the seat in front of them.

In a side-impact collision on the driver's side of a car, the tests revealed that an unbelted back-seat passenger on the driver's side was more likely to sustain a severe or fatal injury, whereas the belted driver was less likely to sustain the same type of injury.

Not All Seat Belt Laws Are Created Equal

Seat belt laws are divided into two categories: primary and secondary.

  • Primary seat belt laws allow a cop to ticket a driver for not wearing a seat belt; no other traffic offense is required for the cop to pull the driver over.
  • A cop may issue a ticket for not wearing a seat belt under secondary seat belt laws only if another traffic violation, such as speeding, has occurred.

The laws differ greatly from state to state, depending on the age of the rider and the seat in which he or she is seated.

The Governors Highway Safety Association reports that 31 states and the District of Columbia have primary seat belt laws that include the back seat. Other states have secondary seat belt laws that cover the back seat but only apply to passengers under the age of 18.

New Hampshire has enacted neither a primary nor a secondary seat belt law for adults, although the state does have a primary seat belt law that covers drivers and passengers under age 18.

To find out what kind of seat belt law your state has, visit the website of the Governors Highway Safety Association.

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