Car Accident
Arkansas Guidelines for Infant and Child Safety Seats
Drivers in Arkansas are required to wear a seat belt. However, not all passengers are required to use a safety belt. Knowing Arkansas’ seat belt laws is important both for your safety and to avoid breaking the law in Arkansas. As a Fort Smith car accident lawyer, we’re here to break down everything you need to know about seat belt laws in Arkansas.
Why Seatbelts Save Lives
- Buckling up helps keep you safe and secure inside your vehicle, whereas not buckling up can result in being ejected from the vehicle in a crash.
- Airbags are not enough to protect you; in fact, the force of an airbag can seriously injure or even kill you if you’re not buckled up.
- Improperly wearing a seat belt, such as putting the strap below your arm, puts you and your children at risk in a crash.
The benefits of buckling up are equally clear:
- Buckling up in the front seat of a passenger car reduces your chances of suffering a fatal injury by 45% and a moderate to critical injury by 50% (Kahane, 2015).
- If you’re traveling in a light truck, seat belt use decreases the risk of fatal injury by 60%.
- Seat belts prevent vehicle occupants from being ejected during a collision, a circumstance that is almost always deadly.
- Consistently wearing a seat belt, regardless of where you sit, significantly improves your safety and can minimize the long-term consequences of a crash.
What Are the Penalties for Not Wearing a Seat Belt in Arkansas?
The penalty for not wearing a seat belt in Arkansas is a fine of up to $25, and certain local jurisdictions may add their own surcharge. However, the total amount of both state and local fines may not exceed $45, according to Arkansas Code §27-37-706. If the citation is paid before the scheduled court appearance, it is treated as a plea of “nolo contendere,” or no contest. Failing to resolve the citation in time may lead to additional court costs or further penalties.
Fines for Drivers and Passengers
- A driver or front-seat passenger caught without a seat belt may receive a $25 fine.
- Local municipalities may impose additional fines under §16-17-129, but the combined total must not exceed $45.
- If the fine is paid before the court date, it’s treated as a nolo contendere plea, meaning no contest.
Penalties for Minors and Child Passengers
- Drivers are held responsible for ensuring that children under 15 are properly restrained.
- Violations involving minors can carry enhanced scrutiny and potential consequences in related civil matters, especially after accidents.
Who Is Required to Wear a Seat Belt in Arkansas?
All drivers and front-seat passengers are required to wear seat belts. Arkansas law also mandates that all passengers under the age of 15 be secured by a seat belt, regardless of where they are seated in the vehicle. While rear-seat adults are encouraged to buckle up, it is not a legal requirement.
Seat Belt Exceptions in Arkansas
Certain individuals and situations are exempt:
- People with a medical condition preventing safe use (with documentation)
- Occupants of farm vehicles or vehicles not required to have seat belts
- USPS and newspaper delivery personnel during the course of duties
- Passengers riding in vehicles manufactured before July 1, 1968
Arkansas Seat Belt Laws for Children
Child Restraint Requirements by Age and Weight
Arkansas law mandates the following:
- Children under 6 years old and under 60 pounds must be secured in a child safety seat.
- Rear-facing seats are required until the child meets both height and weight limits of the seat manufacturer.
Booster Seat Rules and Transition to Adult Belts
- Ages 6-15: Children must use a booster seat or seat belt that fits properly.
- The law allows for a transition to standard belts when the child can sit against the seat back with knees bent at the seat’s edge and the belt fits snugly across the shoulder and upper thighs.
Enforcing Arkansas’ Seat Belt Laws
The Primary Seat Belt Law in Arkansas states any police officer can stop and ticket someone who isn’t wearing a seatbelt, without any prior aggravations.
Under Arkansas law, anybody not wearing a seatbelt can be ticketed (Justia Law). If you’re unsure then we recommend buckling up!
We’re sure you’ve seen the state’s campaign: Click It or Ticket!
Click It or Ticket
To minimize seat belt violations, the Arkansas Department of Public Safety launched the “Click It or Ticket” campaign to encourage seat belt use while driving.
It begins every year around Memorial Day weekend and goes until the first week of June. Click It or Ticket protects drivers and passengers from unnecessary injuries and death. Each year, the campaign starts again during Thanksgiving break to make holiday plans safer.
During this time, Arkansas State Troopers team up with local police officers to ensure drivers obey the rules of the road, specifically the seat belt laws. Arkansas State Police will intensify patrols along interstates, with officers every 20 miles, since the holidays are the most traveled road times during the year.
Click here for more information on the ‘Click It or Ticket’ message and how it benefits Arkansans.
Seat Belt FAQs
Let’s dive into a few of the more commonly asked questions we get regarding the rules of the road as they concern seat belts:
Is It Illegal to Ride in the Bed of a Truck?
Arkansas law prohibits anyone from riding in the bed of a pickup truck on public roadways, regardless of age, as it poses serious safety risks. However, certain exceptions apply, such as when the person is performing a work-related task, during authorized parades, or in specific situations where transport is necessary and permitted by law.
Can Arkansas Police Stop a Vehicle if the Passenger Isn’t Wearing a Seat Belt?
Yes. Arkansas has primary enforcement, which means law enforcement officers are legally permitted to stop a vehicle and issue a citation solely because a seat belt law is being violated. No other traffic offense needs to be committed for this type of stop to occur. This enforcement power helps law enforcement take proactive steps to encourage safety and prevent serious injuries by increasing compliance with seat belt laws statewide.
Why Should You Wear A Seat Belt?
Seat belts save lives. Seat belt use saves an estimated 15,000 vehicle passengers each year in America. To elaborate, here are 5 primary reasons that a seat belt prevents injury:
- Safety belts prevent ejection from the vehicle. 80% of ejected passengers suffer fatal injuries.
- It shifts all crash forces to the strongest parts of the body.
- It spreads a collision’s “crash force” over a widened area of the body.
- Seat belts allow the body to gradually slow down during an impact.
- Finally and most importantly, it protects the head and spinal cord.
Let’s dive into some seat belt statistics for more perspective on the importance of a safety belt.
Seat Belt Statistics in Arkansas
- Vehicle crashes are the leading cause of death for people ages 1-34 (CDC, May 2017).
- In Arkansas, nearly 1 out of every 2 people killed in a car crash aren’t restrained (FARS, May 2017).
- 2 out of every 5 teenagers (aged 14-19) killed in car crashes were not wearing a seatbelt (FARS, May 2017).
- Ejection from a car crash is one of the most injurious events that can happen to someone in a car crash (NHTSA 2017).
- In 2015, 81% of passenger vehicle occupants who were ejected in a car crash were killed (NHTSA).
- In 2017, Arkansas seat belt use was only 80% while the national rate is around 90% (NHTSA).
- In 2023, an estimated 91.9% of passengers wore a seat belt.
- When lap and shoulder belts are used properly, it’s proven that the risk of fatal injury is reduced between 45% and 50% (NHTSA).
Need Legal Help After a Car Accident in Arkansas?
If you were injured in a crash and either you or another driver was not wearing a seat belt, it could affect the outcome of your case. Arkansas follows a modified comparative fault system, meaning your compensation could be reduced if you’re found partially at fault for your injuries.
At Taylor King Law, our experienced Arkansas car accident attorneys understand how seat belt usage can impact liability and damages. We work to ensure your rights are protected, even in complex cases involving disputed seat belt use. Call us today for a free consultation and learn how we can help you move forward with confidence.
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