Sometimes, car accidents in Georgia happen when (victim/not at- fault – something to show this isn’t for at-fault driveres) drivers aren’t wearing seatbelts. These injured drivers have the same question: Can I still recover money for my injuries? In most cases, the answer is yes. Still, drivers may face legal challenges and low settlement offers if they were not wearing a seatbelt.
If you suffered injuries in a crash while not wearing a seatbelt, an experienced Georgia car accident attorney at Sherrod & Bernard, P.C., can help you understand — and protect — your rights.
Why Does Wearing a Seatbelt Help Prevent Injuries in a Car Accident?
Wearing a seatbelt protects you in a crash by keeping you secure and stable. It can reduce your likelihood of suffering catastrophic injuries, making a full recovery more likely and (usually) creating fewer complications with your legal case. Specifically, wearing a seatbelt protects you because it:
- Reduces the violent movement in a collision – When your body remains in place, you are less likely to hit the steering wheel, dashboard, door, or other hard surfaces and suffer severe injuries.
- Controls how your body moves during a sudden stop – Your car may stop in an instant, but your body will keep moving forward at the same speed. A seatbelt slows your body down. The controlled motion reduces the strain on your head, neck, and spine. The belt also reduces the risk of chest or abdominal trauma because it distributes force across your body.
- Helps your airbags deploy properly – Airbags protect you only when you are seated correctly. A seatbelt keeps you in that position throughout the crash sequence. Without that support, you may slide out of place and move too close to the airbag. That movement can increase the risk of harm from a deploying airbag rather than reduce it.
- Prevents you from being ejected from your car – Ejections often lead to catastrophic injuries because your body no longer has the protection of the car’s interior cabin. A seatbelt keeps you inside the vehicle and reduces exposure to secondary impacts.
These safety benefits matter during an injury claim. More severe injuries will result in high medical costs, long treatment periods, and greater long-term effects.
Did Georgia Recently Make Changes to the State’s Seatbelt Laws?
Georgia’s laws governing who must wear a seatbelt have not changed. Here are the key rules to know:
- All front-seat passengers in “passenger vehicles” must use seatbelts, which includes drivers in cars, pickup trucks, vans, and SUVs that can carry 10 or fewer people. This definition does not encompass motorcycles, motor-driven cycles, and off-road vehicles.
- Minors ages 8 and older must wear seatbelts at all times.
- Failure to wear a seatbelt does not count as negligence, does not support fault arguments, and does not raise insurance rates.
- Children under age 8 must ride in an approved child safety seat suitable for their size. Special rules apply to lap belts and seating positions.
- Anyone under age 18 cannot ride in the open bed of a pickup truck on an interstate highway.
What has changed is the evidence courts can consider when determining whether you were wearing a seatbelt at the time of the crash. Before April 2025, when Gov. Brian Kemp signed SB 68 into law, courts could not allow evidence of a person’s seatbelt use in a personal injury trial. Under the new rules, the defense and/or at-fault driver, can now present evidence that a person wasn’t wearing a seatbelt and, accordingly, argue that failing to wear a seatbelt made the injuries worse.
The new rule could make it more challenging to recover full compensation. The at-fault driver and their insurer will likely argue that you share at least some of the blame for your injuries because you did not wear a seatbelt.
The new law applies only to cases submitted to the courts after April 25, 2025. If your lawsuit was already underway at that time, the old evidence rules still apply.
If I Am Injured in a Car Accident in Georgia, and I Was Not Wearing a Seatbelt, Can I Still Seek Compensation?
Failing to wear a seat belt does not necessarily negate your car accident claim. The key issues in your personal injury case will be your overall role in the crash and whether not wearing a seatbelt made your injuries worse.
Georgia uses a modified comparative negligence rule in cases where both drivers share responsibility for a collision. This rule allows the injured party to recover damages in a personal injury claim as long as they bear less than 50 percent of the fault for the accident. Your share of fault reduces your compensation, so the other party may argue that your decision to drive without a seatbelt increased the severity of your injuries. For example, if a court finds that you are 20 percent liable for your injuries, you would lose 20 percent of your compensation.
The new evidence rules make it easier for drivers and insurers to argue that not wearing a seatbelt made an accident victim’s injuries worse, which could mean a lower settlement offer or that you don’t receive any compensation. An experienced attorney can push back and keep the focus on the other driver’s role in causing your injuries, strengthening your ability to pursue compensation.
What Can I Do If the Insurance Company Makes a Low Settlement Offer Because I Did Not Wear a Seatbelt?
Insurance companies often try to reduce payouts by arguing that the crash victim was partly responsible for their injuries because they didn’t wear a seatbelt. You can respond with clear evidence demonstrating how the crash occurred and why the other driver’s negligence caused it. A Georgia car accident lawyer can help you take the following steps to seek fair compensation:
- Document the crash – Gather photos, video, witness statements, and any other information that shows how the collision occurred. You can force the insurer to focus on the other driver’s actions rather than your seatbelt use.
- Challenge unsupported arguments – Insurers often rely on broad claims rather than specific evidence. You can push back by asking for proof that links your injuries to the lack of a seatbelt.
- Highlight Georgia law – Your lawyer can ensure the insurer’s arguments follow Georgia law regarding evidence, negligence, and other key legal principles in your case.
- Avoid quick agreements – Early settlement offers often fall short of what a case is worth. Wait until you understand your injuries and long-term effects before you consider accepting a settlement offer.
Will Getting Hurt in a Crash While Not Wearing a Seatbelt Affect My Insurance Rates?
Georgia law specifically says that insurers cannot use the fact that you were not wearing a seatbelt to increase your premiums. If an insurer tries to raise your insurance rates after a collision because you weren’t wearing a seatbelt, contact an attorney immediately.
What Steps Should I Take If I Was Involved in a Georgia Car Accident?
Your actions after a car accident can significantly affect your legal case and potential compensation. Take these steps to protect your health and rights:
- Call 911 – When you call 911, law enforcement officers can arrive at the accident scene and document the collision. A crash report provides a clear and objective account of the crash. It can help establish what happened.
- Get medical attention – Seek care immediately, as some injuries may not show symptoms right away. Early treatment also provides strong documentation to support your claim.
- Exchange contact and insurance details with the other driver – While you should exchange other information, avoid discussing fault.
- Gather photos from the accident scene – Try to get photos of the vehicles, the roadway, debris, skid marks, and anything else that shows the conditions at the scene. If witnesses stop, ask for their names and phone numbers. Their statements can add valuable support for your claim.
- Contact your insurance company to report the crash – You should provide basic details about the crash. However, keep your comments brief until you talk with a lawyer. Avoid recorded statements or broad descriptions that an insurer may use against you.
- Follow all medical advice – Make sure to follow your doctor’s treatment plan and track your medical bills, missed work, and other losses. Organized records make it easier to demonstrate the accident’s financial impact.
- Contact a Georgia car accident lawyer as soon as possible – Your attorney can gather evidence, deal with the insurance companies, counter any attempts to blame you, and negotiate for maximum compensation while you focus on healing. In this sense, legal representation plays a critical role.
Contact a Georgia Car Accident Lawyer Today
With over 85 years of combined experience to draw on, the Georgia car accident lawyers at Sherrod & Bernard, P.C., know what it takes to pursue full compensation for your injuries. We will treat you with respect and dignity throughout your claim, making the legal process as painless as possible and handling the legal details so you can focus on your medical treatment and rebuilding your life. We’ve recovered millions of dollars for people just like you. Our client reviews demonstrate our commitment to those we serve.
The longer you wait to contact an attorney, the more time the insurers have to build their case and reduce your compensation. Call Sherrod & Bernard, P.C., now or complete our contact form for a free consultation.
