Can I Still File a Personal Injury Claim if I Wasn’t Wearing a Seatbelt?
Georgia uses a system called modified comparative negligence in personal injury claims, including motor vehicle accident cases. This means that more than one person or entity can be found at fault for an accident, and that an injured party may still recover compensation if they were partially at fault. Specifically, Georgia allows injured accident victims to recover damages as long as they are less than 50% at fault for the accident.
This also means that an accident victim’s behavior and choices leading up to the accident could be considered in the personal injury claim, such as whether or not they were wearing a seatbelt. A recent update to Georgia law has made significant changes to how seatbelt use affects injury claims in the state.
Updates to Georgia’s Seatbelt Laws
SB 68 was signed into law in April 2025, and one of the immediate changes Georgia residents will need to be aware of is how this law may affect car accident claims. For decades prior to this law, juries were not allowed to know or consider that an accident victim was not wearing a safety belt at the time of the crash. Now, with the signing of SB 68, an individual’s failure to wear a seatbelt may be considered as admissible evidence when weighing negligence, causation, assumption of risk, and the division of fault in car accident claims.
What Does SB 68 Mean for Your Car Accident Claim?
The new law does not mean that injured drivers and passengers who weren’t wearing their seatbelts cannot pursue compensation for their injuries. The update is likely intended to add another means of encouragement for motorists to wear their seatbelts, as they are incredibly effective at protecting against severe and fatal injuries.
However, SB 68 does provide defendants in accident cases the opportunity to present this as evidence and place some of the fault on the injured individual. If you were not wearing your seatbelt at the time of your accident, and you suffered severe injuries, the at-fault driver may be able to argue that you are partially responsible for your injuries because you chose not to wear your seatbelt.
Contact The CP Law Group to find out how the new law could impact your personal injury claim. We help our clients navigate complex accident cases, keeping all recent legal updates in mind as we advocate for their best interests. For a free consultation, call us at 844-546-4878 (that’s 844-5-IM-HURT) or connect with us on social media @TheCPLawGroup.