Marc Lamber
Photo courtesy of Fennemore
By Marc Lamber | Attorney, Fennemore
The National Highway Traffic Safety Administration finalized a rule in late December requiring all new passenger vehicles to include visual and audible seat belt warning systems for rear seats and enhanced warnings for front-seat occupants.
This mandate aims to address seat belt usage among rear-seat passengers, who have historically shown lower compliance rates compared with front-seat occupants. The rule is set to take effect Sept. 1, 2026, for front-seat warnings and Sept. 1, 2027, for rear-seat warnings.
As an Arizona personal injury attorney with over 30 years of experience, I’ve witnessed firsthand the life-saving impact of seat belt use. It’s a simple action that dramatically reduces the risk of injury or death in vehicle accidents. Yet, despite widespread awareness, some individuals still neglect this crucial safety measure, leading to preventable tragedies.
The statistics are compelling:
• Seat belts reduce the risk of death by 45% for front-seat passengers in cars and by 60% for those in SUVs, vans and trucks.
• In 2022, 42,795 people died in motor vehicle crashes in the U.S., and nearly half of those who died were not wearing seat belts.
• Rear-seat passengers are three times more likely to die in a crash if they are unbelted compared to those who buckle up.
Recently, our state took significant steps to enhance seat belt safety. Arizona now mandates that all front-seat occupants and passengers aged 8 to 15 in all seating positions must wear seat belts.
However, there is currently no statewide requirement for adult rear-seat passengers (ages 16 and over) to wear seat belts. This means that, presently, adult rear-seat passengers are not legally obligated to buckle up, although it is strongly recommended for safety.
The NHTSA’s new rule requiring seat belt warnings for all occupants coupled with Arizona’s current seat belt requirements are steps in the right direction. However, they lack teeth. Under Arizona’s current law, seat belt violations are a secondary offense, meaning a police officer can only issue a ticket if the driver is pulled over for a primary violation. Just as Arizona made using one’s cell phone while driving a primary offense, drivers should face the same jeopardy for failure to buckle themselves and make sure their passengers are buckled up.
While Arizona's recent legislative efforts are commendable, there remains room for improvement. Implementing a requirement for all occupants — regardless of age or seating position — to wear seat belts would further enhance safety.
Some may view these measures as overreach, arguing for personal freedom. However, the right to personal freedom must be balanced against the collective responsibility to protect lives. The inconvenience of buckling up pales in comparison to the potential consequences of not doing so.
The path forward is clear. We must continue to advocate for comprehensive seat belt use, support legislative measures that enforce this practice and embrace technological advancements that promote safety. By doing so, we can move closer to a future where preventable injuries and deaths on our roads are a rarity, not a common occurrence.
Editor’s note: Marc Lamber is a director at the Am Law 200 firm Fennemore and chairs the Personal Injury Practice Group. Reader reactions, pro or con, are welcomed at AzOpinions@iniusa.org.
