What Are Illinois’ Seatbelt Laws?

Hurdling down the highway at 65 miles per hour can be a harrowing experience if anything goes wrong. Therefore, automobile safety features such as seatbelts exist, and Illinois state law dictates that drivers and passengers, especially children, wear seatbelts. If you’re like us, you probably know some people who refuse to use these life-saving safety features in their car. But beyond the obvious safety benefits seatbelts offer, neglecting to wear one makes you a target to law enforcement.

What are seatbelt laws in Illinois?

In Illinois, there are two main state statutes governing seatbelts and similar safety features: the standard seat belt laws, and the Child Passenger Protection Act (CPPA):

The seatbelt law requires that “all drivers and passengers (front and back seat) age 8 and older to wear safety belts even if the vehicle is equipped with air bags.”

The CPPA dictates that when transporting children younger than eight years old, drivers of non-commercial cars, trucks, truck tractors (containing seatbelts), recreational vehicles (RVs), and combination vehicles weighing no more than 9,000 pounds must correctly and completely secure said children in age-appropriate child safety systems. In addition, parents of young children must give any individuals transporting their child an age-appropriate child safety system. Furthermore, the CPPA allows children whose weight is more than forty pounds to ride in vehicles’ back seats with only lap belts fastened if said back seats do not contain combination lap and shoulder belts.

What are Illinois’ laws regarding booster seats and car seats?

Car seats and booster seats are covered under the CPPA:

Newborn-2 years: all babies and young children up to age two must be in a rear-facing car seat “or child restraint system” unless the child is more than 40lbs or is more than 40 inches tall. The seat must be a rear-facing only car seat, or a convertible seat.

Ages 2-4: If the minimum age, height, and weight requirements are met, then you can transition your child into a front-facing car seat. These safety systems are mandatory until the child outgrows the system.

Ages 4-8: children who no longer properly (or safely) fit into a car seat, because they have reached the height or weight limits, can transition to a booster seat. Booster seats must be used with a shoulder AND lap belt.

Ages 8-12: If your child is tall enough to wear an adult seatbelt (shoulder and lap belts), he or she no longer needs to use a booster seat. Under the law:

• The vehicle lap belt must lie low across the upper thighs, not the stomach. The shoulder belt should rest snugly across the shoulder and chest, not across the neck or face.
• The child’s back and hips should be against the back of the vehicle seat, without slouching.
• Knees should bend easily over the front edge of the vehicle seat with the feet flat on the floor.

Do I have to buckle up in the backseat?

Yes. In Illinois, all passengers, including those in the backseat, are required by law to wear seatbelts. The misconception that backseat passengers are exempt from this law can lead to easily preventable injuries and fatalities.

Research from the National Institute of Health (NIH) shows that wearing a seatbelt in the backseat is just as important as wearing one in the front: “Unrestrained drivers and passengers represent almost half of all passenger vehicle occupant deaths in the United States.”

Is not wearing a seatbelt considered a moving violation?

Yes, not wearing a seatbelt in Chicago is considered a moving violation. Illinois law classifies seatbelt violations as primary offenses, meaning law enforcement can stop a vehicle if they observe any occupant not wearing a seatbelt. In such cases, the officer can issue a citation to the driver or the unbelted passenger.

The penalties for seatbelt violations in Chicago can vary depending on the number of offenses and the age of the unbelted individual:

Adults (Over 18 Years of Age):

• First offense: A minimum fine of $25.
• Subsequent offenses: The fine may increase, and repeat offenders may face higher fines with each violation.

Minors (Under 18 Years of Age):

• The driver of the vehicle is responsible for ensuring that all passengers under the age of 18 are wearing their seatbelts.
• If a minor is caught not wearing a seatbelt, the driver can receive a citation and may face fines or penalties for the violation.

CPPA Violation:

• First offense: a minimum fine of $75.
  • First-time offenders who violate the Child Passenger Protection Act have the option to take corrective actions to potentially avoid the fine.
• Second and subsequent offenses: $200

In addition to fines and penalties, those caught without a seatbelt in multiple instances may face points on their driving record, leading to significant increases in insurance premiums.

Can not wearing a seatbelt affect my personal injury claim?

It shouldn’t. Unlike other states, Illinois doesn’t have a “seatbelt defense” rule. That means if you are in a car accident and you are injured, and you weren’t wearing your seatbelt, you can still seek compensation for your injuries. The fact that you weren’t buckled in isn’t even admissible in court.

HOWEVER, not wearing a seat belt is a real risk. You can easily be thrown around a car (or through a window) or end up trapped by your own airbag in the event of a crash.

If you or a loved one was in an auto accident in the Chicago area and consequently got injured, Gainsberg Injury and Accident Lawyers is here to help. The time after a car accident can be stressful, especially when you or your child are injured. Read our testimonials to see how we have helped your Chicagoland neighbors after their car accident.

You and your family need the time to rebuild after your car accident. Choose the trusted Chicago personal injury attorneys at Gainsberg Injury and Accident Lawyers and let us handle the legal side of your recovery. Contact us or call us today and find peace of mind.