Georgia’s Seatbelt Laws and How they Effect Personal Injury Claims
One common way drivers and insurance companies try to avoid liability for Georgia car accidents is to blame you for causing your injuries. While wearing (or not wearing) a seatbelt doesn’t affect who caused a crash, the other driver or an insurer might use the fact that you weren’t wearing a seatbelt to shift blame for your injuries onto you or to reduce your compensation. You’ll need a lawyer’s help to counter this tactic and claim full compensation.
Seatbelt Laws in Georgia
Here’s what the Governor’s Office of Highway Safety says about seatbelt laws in Georgia:
- Front-seat occupants (drivers and passengers) must wear seatbelts in all passenger vehicles when driving on public roads.
- Back seat passengers are not required to wear seatbelts, though it’s strongly recommended for safety reasons.
- All children under age eight must use an approved child safety seat or booster seat that fits their height and weight.
- Children over 4’9” may use a standard seatbelt instead of a child restraint system.
- Minors aged eight and up must wear a seatbelt while riding in any seat, and the driver is responsible for making sure children comply with this rule.
- Fines for violating seatbelt laws are minimal: $15 for adult seatbelt violations and up to $25 for failing to secure a minor passenger.
- It’s illegal for minors under 18 to ride in the uncovered bed of a pickup truck on interstate highways.
It used to be the law that failure to wear a seatbelt wasn’t evidence of negligence, couldn’t reduce an injured driver’s or passenger’s compensation, and did not affect insurance coverage or rates. However, the law changed starting July 2025. At the judge’s discretion, defendants may now introduce evidence that that someone injured in a car accident wasn’t wearing a seat belt to argue that the injured person was at fault for their own injuries or that the compensation the defendant must pay should be reduced. The law still prohibits insurance companies from raising your premiums or cancelling your coverage for not wearing a seatbelt.
How Other Drivers and Insurance Companies Use Georgia’s Seatbelt Laws Against You
This means that drivers and insurance companies can try to claim that you were negligently not wearing a seatbelt at the time of the crash. The other driver (or another liable party) may argue your injuries wouldn’t have been as severe if you had been buckled up, hoping to shift blame and reduce your compensation.
Insurance adjusters might also suggest you were partially responsible for your injuries by not buckling up. Some may even try to use your failure to buckle your seatbelt as leverage during settlement negotiations, pressuring you to accept less than your claim’s full value. That’s why it’s crucial to have a lawyer who knows how to shut down these tactics and focus the case where it belongs: on the other driver’s negligence.
How Kaufman Injury Law Can Help
Don’t assume you’re out of options if you weren’t wearing a seatbelt during an accident. At Kaufman Injury Law, we know Georgia law protects your right to compensation, even if you weren’t buckled up during a crash. We can gather your medical records, expert testimony, and other evidence to show the other driver’s actions—not your seatbelt use—caused your injuries. If the insurance company tries to blame you, we’ll push back and fight to keep the focus where it belongs. We’ll thoroughly document your injuries to maximize your compensation, and we can take your case to trial if necessary to defend your rights. You only have two years after an accident to file a lawsuit, so call now or complete our contact form for a free case review.
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