According to Georgia law, not wearing a seatbelt does not prevent you from filing a lawsuit or seeking compensation after a car accident. While seatbelt use is mandatory in Georgia, the failure to wear one cannot be used as evidence of negligence or to reduce damages in a personal injury claim.
Impact of Seatbelt Laws on Claims
Seatbelt laws can significantly impact car accident claims, though the extent varies by jurisdiction. In many states, failure to wear a seatbelt may be considered contributory negligence, potentially reducing compensation by a percentage determined by the court or insurance adjuster. For example, some jurisdictions may reduce compensation by up to 15-25% if the claimant wasn’t wearing a seatbelt. However, not wearing a seatbelt doesn’t completely bar recovery in most cases.
Insurance companies often use the “seatbelt defense” to argue that injuries would have been less severe if the claimant had been properly restrained. This can affect settlement negotiations and court decisions. It’s important to note that even without a seatbelt, claimants may still be entitled to compensation for medical expenses, lost wages, and other damages, albeit potentially at a reduced amount. Consulting with a personal injury attorney is advisable to understand how local seatbelt laws may impact a specific claim. If you have been in an accident and you weren’t wearing your seatbelt you should reach out for a free consultation by emailing he**@sc*********************.com or calling (404) 800-3060.
Comparative Fault and Seatbelt Use
Comparative fault in relation to seatbelt use varies significantly across states. In some jurisdictions, failure to wear a seatbelt can be considered as evidence of comparative negligence, potentially reducing the plaintiff’s damages by up to 25%. However, other states, such as Massachusetts and New Hampshire, strictly prohibit the “seatbelt defense” and do not allow evidence of seatbelt non-use to be introduced in court.
- In states that allow the seatbelt defense, defendants must typically prove that:
- The plaintiff wasn’t wearing a seatbelt
- A reasonable person would have worn one
- The plaintiff’s injuries were caused or exacerbated by not wearing a seatbelt
- Some states, like Florida, have specific statutes addressing seatbelt use in comparative negligence calculations
The application of comparative fault for seatbelt non-use often requires expert testimony from biomechanical engineers and medical doctors to determine the extent of injury attributable to lack of seatbelt use.
Seatbelt Defense in Georgia
Georgia law prohibits the use of the “seatbelt defense” in civil lawsuits. Under O.C.G.A. § 40-8-76.1(d), evidence of a plaintiff’s failure to wear a seatbelt is inadmissible in any civil action to establish negligence or to reduce damages. This prohibition was enacted in 1988, paradoxically at the same time the state mandated seatbelt use for front-seat occupants.
Despite efforts to reinstate the seatbelt defense, including recent legislative attempts in 2021, Georgia remains one of 31 states that restrict the admissibility of seatbelt usage evidence. Proponents argue that allowing such evidence would support Georgia’s apportionment statute, which considers the percentage of fault of all parties involved in an accident. However, for now, defendants in Georgia cannot use a plaintiff’s failure to wear a seatbelt as a defense or to reduce damages in civil cases arising from motor vehicle accidents.
Free Case Evaluation
Schneider Injury Law, located in Atlanta, Georgia, offers free case evaluations for personal injury victims. Their office is open 24 hours a day, 7 days a week to assist clients. To schedule a consultation:
- Call (404) 800-3060 to speak with an attorney
- Email he**@sc*********************.com
- Submit an online contact form through our website
During the free consultation, an experienced personal injury lawyer will review your case, explain your legal rights and options, and determine the best course of action. Schneider Injury Law works on a contingency fee basis, meaning you pay no upfront costs or attorney fees unless we recover compensation for you.