Maryland and the seat belt defense

March 14, 2014 (Press-News.org) Maryland and the seat belt defense

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Recently, Maryland State Police reported than one woman was killed and another seriously injured in separate accidents on Interstate 70; the accidents occurred within 24 hours of each other. In one accident, a 50-year-old Cumberland woman was thrown through a rear window of a sport utility vehicle. She was pronounced dead at the scene. Hours later, a 32-year-old man hit an overturned pick-up truck near the Sharpsburg Pike exit. He survived, but with serious injuries. What makes such reports especially noteworthy is that both victims were thrown from their vehicles and neither was wearing a seat belt.

State Police say that many people are under the mistaken belief that seat belt use is not necessary because most cars now on the road are equipped with airbags. Not so--air bags are intended to work with seat belts, not instead of them.

Lap seat belts have been mandatory on new vehicles since 1967. On October 1, 2013, new seat belt laws became effective in Maryland expanding the mandatory use of those belts. The new law requires all passengers traveling in the backseat of any vehicle to be buckled up. This new law is a secondary offense, meaning law enforcement cannot stop and cite unless the vehicle is stopped for another legitimate purpose, and carries a $50 fine. For drivers and front seat passengers, the seat belt law is a primary offense and can be stopped and fined even if no other violation is observed. Another provision of the law provides that a driven will no longer be allowed to carry more passengers than there are seat belts available.

This renewed emphasis on seat belt use by the Maryland legislature raises the question: What if you are in a motor vehicle accident and are not wearing your seat belt as required by law. Can your failure to wear a seat belt be used as a defense by a negligent driver? In states where contributory negligence is an absolute defense to liability, a successful seat belt defense could deny any damages to an injured party if he or she was not wearing a seat belt. In states where comparative negligence is used to balance the liability of the parties, such a defense could significantly reduce damages that might otherwise we due.

In Maryland, however, the legislature has specifically provided that the failure to use a seat belt as required by law may not be considered evidence of negligence or of contributory negligence, nor may it be used to limit the liability of a negligent driver or an insurer. The statute goes further providing that no party, witness, or attorney can even refer to seat belt use during trial unless the seat belt itself is alleged to have been defective.

Seat belt use is simply not an issue if you have been injured in an accident in Maryland. What is important is that you seek the advice of an experienced Maryland personal injury attorney.