Key Takeaways
- Georgia law requires drivers and front-seat passengers to wear seatbelts—but failure to buckle up does not automatically block your personal injury claim.
- However, not wearing a seatbelt may reduce the amount of compensation you recover, especially if the insurance company argues your injuries were made worse.
- A skilled Georgia injury attorney can push back against these tactics and fight to protect your rights.
Is seatbelt use legally required in Georgia?
Yes. Georgia law (O.C.G.A. § 40-8-76.1) requires:
- All drivers and front-seat passengers to wear a seatbelt
- Backseat passengers under 18 to buckle up
- Children under 8 to be in a proper child restraint seat
Violating this law can result in a citation and fine, but it does not prevent you from seeking damages after an accident.
Can I still file a personal injury claim if I wasn’t wearing a seatbelt?
Yes. Georgia courts have consistently ruled that not wearing a seatbelt does not automatically bar recovery in a car accident case.
You can still sue the at-fault driver for:
- Medical expenses
- Lost wages
- Pain and suffering
- Permanent disability or disfigurement
However, not buckling up may affect the amount of compensation you receive, depending on how your injuries occurred.
Can the insurance company reduce my compensation for not wearing a seatbelt?
They will likely try.
The insurer may argue that your injuries were:
- More severe because you weren’t wearing a seatbelt
- Preventable with proper restraint
- Partly your fault
This is called the “seatbelt defense”, and it’s commonly used to reduce payouts—even when their driver was clearly at fault.
But in Georgia, this defense is not always successful. The insurance company must prove that your failure to wear a seatbelt directly caused or worsened your injuries.
How does Georgia’s modified comparative fault rule apply?
Georgia follows a modified comparative fault system (O.C.G.A. § 51-12-33), which means:
- You can recover damages even if you were partially at fault
- But your compensation is reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
So, if a jury finds you 20% responsible because you weren’t wearing a seatbelt, your final award would be reduced by 20%.
An experienced attorney can challenge these percentages and push back against exaggerated claims of fault.
What should I do if the other driver’s insurer blames me for not buckling up?
- Don’t admit fault—even casually (e.g., “I forgot to buckle up”)
- Don’t sign anything without speaking to an attorney
- Gather medical records that show how the injury occurred
- Call Hines Law at 404-226-4236 for a free review of your case
Our team investigates whether your injuries would have occurred regardless of seatbelt use—especially in high-speed crashes, rollovers, or multi-car collisions.
Georgia Seatbelt Use and Injury Claims FAQ
Will not wearing a seatbelt prevent me from getting a settlement?
No. You can still pursue compensation—but it may affect the amount if your injuries are linked to not wearing a seatbelt.
Can a child injury case be reduced because of no car seat?
Yes. Georgia requires specific child safety seats based on age and size. If one was not used, it could affect a parent’s recovery.
Can my own insurance company use the seatbelt defense?
Yes—especially if you’re filing a UM/UIM (uninsured/underinsured) motorist claim. They may argue your injuries were avoidable.
Do juries care whether I wore a seatbelt?
Sometimes. But medical evidence and accident reconstruction are far more persuasive. A good lawyer can explain why your injuries still warrant full compensation.
Hurt in a Crash—With or Without a Seatbelt? Call Hines Law.
Don’t let the insurance company use your seatbelt—or lack of one—against you unfairly. You deserve a fair evaluation of your injuries and losses.
Call 404-226-4236 for a free consultation with an experienced Georgia car accident lawyer. We serve clients across the state from offices in Atlanta, Austell, Marietta, Gainesville, Jonesboro, and Dalton.