Seatbelt Laws and Auto Accidents in Delaware

If you have been hurt in an auto accident, Silverman, McDonald & Friedman may be able to help you obtain the compensation you need in order to recover from your injuries. Please contact our offices in Wilmington, Seaford or Newark to make an appointment with a skilled auto accident lawyer.

The importance of seatbelts

If you are under the age of 54, your best chance of accidental death is in a motor vehicle crash, according to the Centers for Disease Control and Prevention (CDC). For adults and children, seatbelt use is the most effective way to save their lives in the event of an auto accident and reduce injuries, but millions of drivers and passengers still do not buckle their seatbelts on every trip in a car.

The CDC further reports that “About 60% of the people who died in motor vehicle crashes in 2021 were drivers and passengers in passenger vehicles. That’s more than 26,000 people.” And more than 1.8 million drivers and passengers needed treatment in emergency rooms as a result of being injured in a car crash.

The Insurance Institute for Highway Safety (IIHS) reports that, in 2022, “the highest number (14,860) of fatality injured occupants were involved in frontal impacts, and among these individuals, less than half (44%) were belted. More than half of fatally injured occupants in side and rear crashes were belted. In other crashes, mostly involving rollovers, only 23% of fatality injured occupants were belted.”

According to Delaware.gov, 92.4 percent of drivers and front-seat passengers in the state use seatbelts, compared to the national average of 90.3 percent. The state reports that even with the high rate of seatbelt usage, in 2023, 42 people died, and 279 suffered injuries in crashes where they were not using their seatbelts.

Delaware’s seatbelt laws

Delaware takes its seatbelt safety laws seriously, and drivers should do the same if they want to do something simple that can increase their chances of surviving a car crash. Under Delaware law, all occupants, including the drivers and front and back seat passengers, must wear a seatbelt.

The state’s seatbelt requirement is a “primary law,” meaning that law enforcement officers can pull over and ticket drivers solely for not wearing a seatbelt. This distinguishes Delaware from some states with “secondary” seatbelt laws, where officers can only issue a seatbelt ticket if they have pulled the driver over for another violation, such as speeding.

Here are the specific requirements by age group:

• Adults (16 and older): Adults in the front and back seats must wear seatbelts. Each adult is individually responsible for wearing their seatbelt.
• Children under eight: Delaware law mandates that children under the age of eight and weighing less than 65 pounds be secured in an appropriate child restraint system, such as a car seat or booster seat. This is vital, as standard seatbelts are not designed for young children and may not provide adequate protection.
• Children aged eight to 15: Children in this age group must wear seatbelts, regardless of their seating position.

The penalty for not wearing a seatbelt here in Delaware includes a fine that can reach up to $25. This fine can increase due to court costs and additional fees if there are multiple violations or if minors are involved. While this financial penalty might be modest, the potential consequences of not buckling up could be far more serious in the event of a crash.

Common injuries from not wearing a seatbelt

Seatbelts significantly reduce the risk of fatal injuries in car accidents. Studies show that seatbelt use decreases the risk of severe injuries and fatalities by about 45-50% for front-seat occupants in passenger vehicles. Unfortunately, those who fail to wear seatbelts in Delaware accidents are more likely to suffer serious injuries such as:

• Traumatic brain injuries (TBIs). Unrestrained occupants are more likely to strike their heads on the dashboard, windshield, or other parts of the vehicle, leading to traumatic brain injuries.
• Spinal cord injuries. The force of an accident can result in significant spinal injuries, especially if the person is ejected from the vehicle.
• Broken bones. Unrestrained drivers and passengers frequently suffer fractures, particularly in the face, ribs, arms, and legs.
• Internal organ damage. Not wearing a seatbelt increases the risk of internal injuries caused by the body’s violent impact with the interior of the vehicle.
• Ejection from the vehicle. In serious accidents, unrestrained individuals are at risk of being ejected from the vehicle, which is often fatal.

How our Delaware car accident attorneys can help

One important thing to keep in mind is that even if you did not use your seatbelt, that factor cannot be used against you by the opposing side. Our attorneys can explain how this works and help build your case in the following ways:

• Proving fault. In auto accident cases, you must clearly establish fault. If the other driver was speeding, driving under the influence, or engaging in other reckless behavior, their responsibility for causing the accident should be well-documented.
• Maximizing compensation. By presenting evidence that underscores the full extent of the other party’s fault, we can advocate for fair compensation that reflects your medical costs, lost wages, pain and suffering, and any long-term impacts of the injuries.
• Comparative negligence rules. Delaware’s comparative negligence rule allows for a fair allocation of fault. Our attorneys work to show that you are not at fault for your injuries to reduce the impact of comparative negligence on your claim.

If you or someone you care about was injured in a car crash that was caused by another driver’s negligence, you may want to schedule a free consultation with a Delaware car crash attorney from the law firm of Silverman, McDonald & Friedman.

You are welcome to call our offices or fill out our contact form to schedule a free consultation to discuss your auto accident case with one of our knowledgeable attorneys. From our offices in Newark, Seaford and Wilmington, the auto accident lawyers of Silverman, McDonald & Friedman serve the needs of clients throughout Delaware.