Texas seat belt law and injury claims: §545.413, child seats and the Nabors rule

The short answer

Texas law makes it an offense for a person who is at least 15 years old to ride in a passenger vehicle, in a seat equipped with a safety belt, without being secured by it, and makes the driver responsible for securing children younger than 17 (Transp. Code §545.413). Children younger than eight must ride in a child passenger safety seat system unless they are taller than four feet, nine inches (§545.412). In an injury lawsuit, the Supreme Court of Texas held in 2015 that relevant evidence of seat-belt use or nonuse is admissible for apportioning responsibility, provided the plaintiff's conduct caused or was a cause of his damages (Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015)). That apportionment follows chapter 33 of the Civil Practice and Remedies Code, under which a claimant whose percentage of responsibility is greater than 50 percent may not recover damages (§33.001).

This guide explains those rules in general terms, with the official text linked for each one. It is general informational guidance and is not legal advice; it says nothing about any particular crash, injury or person, or about who was responsible.

Key facts (as of October 29, 2026)

• Who must buckle up. A person at least 15 years old riding in a passenger vehicle, in a seat equipped with a safety belt, commits an offense if not secured by the belt (§545.413(a)).
• Children and belts. The operator commits an offense by letting a child younger than 17, who is not required to be in a child seat, ride without being secured by a safety belt when the child is in a seat equipped with one (§545.413(b)).
• Child seats. A child younger than eight, unless taller than four feet, nine inches, must be kept secured in a child passenger safety seat system according to the seat manufacturer's instructions (§545.412(a)).
• Fines. $25 to $50 for an adult offense under §545.413(a); $100 to $200 for a child offense under §545.413(b); $25 to $250 for a child-seat offense under §545.412 (§§545.413(d), 545.412(b)).
• In a lawsuit. Relevant evidence of seat-belt use or nonuse is admissible for apportioning responsibility under chapter 33, provided the plaintiff's conduct caused or was a cause of his damages (Nabors, 2015).
• The 51 percent line. A claimant whose percentage of responsibility is greater than 50 percent may not recover damages; otherwise, the court reduces damages by the claimant's percentage (§§33.001, 33.012).
• Crash data. TxDOT reports that of all persons killed in vehicles in 2025 where restraint usage was applicable and known, 45.94 percent were reported as not restrained when the fatal crash occurred (TxDOT, Crash Facts 2025).

What does Texas law require for seat belts?

Transportation Code §545.413 sets out the offenses. Under subsection (a), a person commits an offense if the person:

• is at least 15 years of age;
• is riding in a passenger vehicle while the vehicle is being operated;
• is occupying a seat that is equipped with a safety belt; and
• is not secured by a safety belt.

It is also an offense for the operator of a school bus equipped with a safety belt for the operator's seat not to be secured by that belt.

The words in the statute have set meanings. Section 545.413(h) borrows the definitions in §545.412(f):

• a passenger vehicle is a passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers including the driver, truck, or truck tractor;
• a safety belt is a lap belt and any shoulder straps included as original equipment on or added to a vehicle; and
• secured means using the lap belt and any shoulder straps according to the instructions of the vehicle's manufacturer (for an original belt) or the belt's manufacturer (for an added belt).

Subsection (a) is not limited to the front seat. The Supreme Court of Texas, describing the statute in 2015, said that "anyone fifteen years or older in any seat is required to buckle up, and drivers have a responsibility to make sure anyone seventeen years or younger anywhere in the vehicle is properly restrained" (Nabors). Under §545.413(c), a passenger vehicle or a seat in one is considered to be equipped with a safety belt if the vehicle is required under §547.601 to be equipped with safety belts. That section requires a motor vehicle to have front safety belts if safety belt anchorages were part of the manufacturer's original equipment on the vehicle, and an assembled vehicle to have front safety belts if it contains safety belt anchorages.

The offense under subsection (a) is a misdemeanor punishable by a fine of not less than $25 or more than $50 (§545.413(d)).

What does Texas law require for children?

Two sections work together.

• Child passenger safety seats. Under §545.412(a), a person commits an offense if the person operates a passenger vehicle, transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the seat's manufacturer. A "child passenger safety seat system" is an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems set by the National Highway Traffic Safety Administration (§545.412(f)(1)). The offense is a misdemeanor punishable by a fine of not less than $25 and not more than $250.
• Seat belts for older children. Under §545.413(b), a person commits an offense if the person operates a passenger vehicle that is equipped with safety belts and allows a child who is younger than 17, and who is not required to be in a child passenger safety seat system, to ride without requiring the child to be secured by a safety belt, provided the child is occupying a seat equipped with one. Subsection (b-1) adds a similar offense for a passenger van designed to transport 15 or fewer passengers: each such child must be secured individually by a safety belt. An offense under subsection (b) is punishable by a fine of not less than $100 or more than $200.

TxDOT's child passenger safety page says TxDOT offers car seat inspections at its district offices across the state (TxDOT, Child Passenger Safety).

What exceptions and defenses does the seat-belt statute list?

Section 545.413(e) makes it a defense to prosecution that:

• the person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt, or presents such a statement to the court not later than the 10th day after the date of the offense;
• the person is employed by the United States Postal Service and performing a duty that requires servicing postal boxes from a vehicle or frequent entry into and exit from a vehicle;
• the person is engaged in the actual delivery of newspapers from a vehicle, or newspaper delivery duties that require frequent entry into and exit from a vehicle;
• the person is employed by a public or private utility company and is reading meters or performing a similar duty that requires frequent entry into and exit from a vehicle;
• the person is operating a commercial vehicle registered as a farm vehicle under §502.433 that does not have a gross weight, registered weight or gross weight rating of 48,000 pounds or more; or
• the person is the operator of or a passenger in a vehicle used exclusively to transport the kind of waste that §545.413(e)(7) names, and is performing duties that require frequent entry into and exit from the vehicle.

For child seats, §545.412 makes it a defense that the person was operating the vehicle in an emergency or for a law enforcement purpose. The section does not apply to a person operating a vehicle transporting passengers for hire (with an exception for certain nonemergency Medicaid transportation providers), or to a person transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied. Under §545.4121, it is a defense to a §545.412 charge if the defendant shows the court that, at the time of the offense, the defendant was not arrested or cited for any other offense, did not possess a child seat in the vehicle, and the vehicle was not involved in a collision, and that the defendant later obtained an appropriate child seat for each child required to have one.

These are defenses to a criminal charge. This guide does not address whether any of them has a role in a civil lawsuit.

Can seat-belt use come up in a Texas injury lawsuit?

For many years it could not. The Supreme Court of Texas explains the history in Nabors Well Services, Ltd. v. Romero, decided February 13, 2015 (docket No. 13-0136):

• In 1974, in Carnation Co. v. Wong, the Court held that "persons whose negligence did not contribute to an automobile accident should not have the damages awarded to them reduced or mitigated because of their failure to wear available seat belts."
• In 1985, the Legislature passed Texas's first seat-belt law, which provided that "Use or nonuse of a safety belt is not admissible evidence in a civil trial."
• In 2003, as part of House Bill 4, the Legislature repealed that provision. The statute's own history notes confirm that §545.412(d) and §545.413(g) were repealed by Acts 2003, 78th Legislature, chapter 204, section 8.01.

In Nabors, the Court overruled Carnation and the earlier Kerby decision. Its holding reads:

"We hold relevant evidence of use or nonuse of seat belts, and relevant evidence of a plaintiff's pre-occurrence, injury-causing conduct generally, is admissible for the purpose of apportioning responsibility under our proportionate-responsibility statute, provided that the plaintiff's conduct caused or was a cause of his damages."

The Court rested that holding on the words of chapter 33, which asks the trier of fact to assign responsibility for "causing or contributing to cause in any way the harm for which recovery of damages is sought" (Civ. Prac. & Rem. Code §33.003(a)). In the Court's words, "the question is not simply who caused the car accident, but who caused the plaintiff's injuries."

When is seat-belt evidence relevant under Nabors?

The opinion leaves admissibility to the ordinary rules of evidence and says:

• "As with any evidence, seat-belt evidence is admissible only if it is relevant," and "relevance is the trial court's province" (citing Tex. R. Evid. 401, 402 and 104(a)).
• "The defendant can establish the relevance of seat-belt nonuse only with evidence that nonuse caused or contributed to cause the plaintiff's injuries."
• The trial court should first consider the evidence, for the purpose of deciding relevance, outside the presence of the jury.
• "Expert testimony will often be required to establish relevance, but we decline to say it will be required in all cases."
• Like any other evidence, "even relevant seat-belt evidence is subject to objection and exclusion under Rule 403." Rule 403, in our paraphrase, lets a court exclude relevant evidence when its weight as proof is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay or needlessly presenting cumulative evidence.

In Nabors itself, the Court declined to decide whether the trial court acted within its discretion in limiting the defense expert's testimony, and sent the case back to the court of appeals on those remaining issues.

How does proportionate responsibility work in Texas?

Chapter 33 of the Civil Practice and Remedies Code applies to any cause of action based on tort in which a defendant, settling person or responsible third party is found responsible for a percentage of the harm (§33.002). Under it:

• the trier of fact (the jury or the judge) determines a percentage of responsibility, stated in whole numbers, for each claimant, each defendant, each settling person and each designated responsible third party (§33.003(a));
• a question about any person's conduct may not be submitted to the jury without sufficient evidence to support it (§33.003(b));
• "percentage of responsibility" is measured with respect to causing or contributing to cause in any way the personal injury, property damage, death or other harm for which recovery of damages is sought (§33.011(4));
• a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent (§33.001); and
• otherwise, the court reduces the damages by a percentage equal to the claimant's percentage of responsibility (§33.012(a)).

Nabors says relevant seat-belt evidence is considered within that one apportionment: a jury can consider a plaintiff's pre-occurrence, injury-causing conduct "alongside his and other persons' occurrence-causing conduct," and there is no need for a separate question. The opinion also keeps the failure-to-mitigate doctrine separate: "A plaintiff's post-occurrence failure to mitigate his damages operates as a reduction of his damages award and is not considered in the responsibility apportionment."

Our §33.001 reference entry and our guide to the 51% rule explain chapter 33 in more detail.

What does Nabors say about children and other passengers?

The opinion describes two situations:

• Where the plaintiff was personally in violation of an applicable seat-belt law, the fact-finder may consider relevant evidence of the failure to use a seat belt as a "negligent act or omission" or as a violation of "an applicable legal standard" under §33.003(a).
• Where an unrestrained plaintiff was not personally in violation of a seat-belt law, the fact-finder may consider whether the plaintiff was negligent under the applicable standard of reasonable care.

The Court said the second situation arises when children are among the passengers: "Most children do not violate seat-belt laws by failing to restrain themselves; rather, it is the driver upon whom the law places the responsibility to properly restrain them." A minor is held to the degree of care of an ordinarily prudent child of the same age, intelligence, experience and capacity under the same or similar circumstances, and the jury "may further apportion third-party responsibility to the person upon whom the law places the burden to properly restrain the child."

How is seat-belt use recorded on a Texas crash report?

The Texas Peace Officer's Crash Report (Form CR-3) records each person's restraint use with a code from TxDOT's code sheet (Form CR-3CS, 4/1/2023). List 20, "Restraint Used," has these codes: 1 = Shoulder and Lap Belt; 2 = Shoulder Belt Only; 3 = Lap Belt Only; 4 = Child Seat, Facing Forward; 5 = Child Seat, Facing Rear; 6 = Child Seat, Unknown; 7 = Child Booster Seat; 96 = None; 97 = Not Applicable; 98 = Other (Explain in Narrative); 99 = Unknown. List 19, "Ejected," uses 1 = No; 2 = Yes; 3 = Yes, Partial; 97 = Not Applicable; 99 = Unknown.

The code is what the officer recorded on the report. Our guide on how to read a Texas crash report explains every code on the form, and our guide on how to get a Texas crash report covers who may request a copy.

How many people killed in Texas crashes were not restrained?

TxDOT's Texas Motor Vehicle Traffic Crash Facts for calendar year 2025 reports 3,769 traffic deaths in Texas in 2025 and says: "Of all persons killed in vehicles where restraint usage was applicable and usage was known in 2025, 45.94% were reported as not restrained when the fatal crash occurred." TxDOT says the report is based on officers' crash reports (CR-3) received and processed as of April 7, 2026 (TxDOT, Crash Facts 2025).

TxDOT runs an annual Click It or Ticket campaign that, in TxDOT's words, "reminds Texans to always buckle up day and night in every seat" (TxDOT, Click It or Ticket).

What about Houston and Harris County?

The seat-belt and child-seat rules come from state law, Transportation Code chapter 545, and apply in Houston and Harris County as they do everywhere in Texas. Both offenses are misdemeanors punishable by a fine (§§545.412(b), 545.413(d)). For where a citation is handled, the City of Houston Municipal Courts say they have case information only for traffic and Class C misdemeanor citations issued by a City of Houston law enforcement entity, and that citations or records from Harris County courts, the Harris County Sheriff, a constable or a state trooper are obtained by contacting Harris County (Houston Municipal Courts).

For a crash in Houston, our guide to getting a crash report in Houston explains where Houston Police Department, Harris County and TxDOT crash reports come from, and our guide on what to do after a car accident in Houston covers the steps people commonly take.

Is there a deadline for a Texas injury lawsuit?

Texas Civil Practice and Remedies Code §16.003 generally requires a personal injury suit to be brought not later than two years after the day the cause of action accrues, with exceptions in the Code. A suit for injury resulting in death also must generally be brought within two years, and that cause of action accrues on the death of the injured person. Under §16.001, a person younger than 18 is under a legal disability, and if a person entitled to bring a personal action is under a legal disability when the cause of action accrues, that time is not included in the limitations period.

Our §16.003 reference entry, our §16.001 reference entry and our guide to the Texas statute of limitations for injury claims explain these rules and their exceptions. An attorney can tell you how the rules apply to a specific situation.

What this guide does not cover

This guide describes the statutes and the Nabors opinion in general terms. It does not say:

• whether seat-belt evidence would be relevant or admitted in any particular case;
• how a fact-finder would assign responsibility in any crash;
• how any insurance policy or insurer treats seat-belt use (the policy states its own terms, and the insurer can explain them); or
• whether a seat-belt citation would be admitted as evidence in a civil trial.

Each of those depends on facts and on how a court applies the law, and an attorney can advise on them. Helmet use on a motorcycle is a separate statute; our guide to Texas motorcycle accident law covers it.

Related information

• What to do after a car accident in Texas: the steps and the state laws behind each one.
• What evidence is commonly gathered after a crash: the records people keep and where they come from.
• Texas car crash law reference: the Texas statutes that come up most often after a crash.
• Texas personal injury protection (PIP): what PIP pays and who it covers.
• Child injured in a Texas car accident: car seats, claims for minors and deadlines: the car seat and child seat belt rules and claims for minors.

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