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If you were injured in a car accident in Warner Robins or Macon, Georgia, you might wonder: Can I still sue if I wasn’t wearing a seatbelt? Many drivers assume that failing to buckle up automatically prevents them from recovering compensation, but Georgia law is more nuanced.
At Joshua E. Palmer LLC, we help accident victims understand how seatbelt use interacts with Georgia’s comparative fault system, ensuring they can pursue fair compensation for injuries caused by another party’s negligence.
Georgia’s Comparative Fault Law
Georgia follows a modified comparative negligence system (O.C.G.A. § 51-12-33). Under this law:
- You can recover damages as long as you are less than 50% at fault for the accident.
- Your compensation is reduced proportionally to your share of fault.
For example, if your total damages are $100,000 and you are found 20% at fault, you can still recover $80,000. If you are 50% or more at fault, however, you cannot recover any damages.
Seatbelt Use in Georgia: Comparative Fault, Not Negligence
Georgia law also addresses seatbelt use in car accidents. According to O.C.G.A. § 40-8-76, drivers and passengers are required to wear seatbelts, but failing to do so is not considered negligence in itself for a personal injury claim. Instead, it clearly states that failure to wear a seatbelt cannot be used as evidence of fault or to reduce compensation in a personal injury lawsuit.
Key points:
- If a jury finds that your injuries would have been less severe had you been wearing a seatbelt, your damages may be reduced proportionally.
- In Georgia, not wearing a seatbelt does not bar you from recovering damages, nor can it be used to reduce the compensation you’re owed. The law prohibits courts from considering seatbelt non-use when deciding fault or calculating damages.
- Comparative fault applies only to damages, not liability. The at-fault driver is still responsible for causing the accident.
This distinction is important: courts in Georgia separate the issue of fault from the issue of injury mitigation. You can still hold a negligent driver accountable even if your seatbelt non-use contributed to the severity of your injuries.
Evidence and Seatbelt Use
Insurance companies often raise seatbelt-related arguments to reduce settlement amounts. Common strategies include:
- Claiming that seatbelt non-use caused greater injuries
- Presenting medical expert testimony on injury severity
- Using police reports noting the lack of seatbelt use
A skilled personal injury lawyer can challenge exaggerated claims, demonstrate that the other party’s negligence was the primary cause, and ensure your damages are fairly calculated.
Steps to Protect Your Claim
If you were not wearing a seatbelt in a crash in Warner Robins or Macon, follow these steps:
- Seek medical care immediately and document all injuries.
- Preserve evidence such as photographs of the scene, your vehicle, and any visible injuries.
- Obtain police and accident reports—these often include seatbelt use information.
- Keep records of medical treatment, lost wages, and related expenses.
- Consult a personal injury attorney familiar with Georgia’s comparative negligence and seatbelt laws.
Even if insurance adjusters suggest your recovery is limited due to not wearing a seatbelt, having an attorney can protect your rights and ensure your claim is fairly assessed.
Why Choose Joshua E. Palmer LLC
At Joshua E. Palmer LLC, we have extensive experience handling car accidents in Warner Robins and Macon. We understand:
- How to calculate damages under Georgia’s comparative negligence law
- How to address seatbelt use as comparative fault, not primary negligence
- How to fight insurance companies that try to minimize your recovery
Our goal is to ensure you are compensated for your injuries, lost wages, medical expenses, and pain and suffering—regardless of seatbelt use.
Take Action Today
If you were injured in a car accident in Macon or Warner Robins, not wearing a seatbelt does not automatically prevent you from filing a claim. Consult with Joshua E. Palmer to evaluate your case, understand your rights, and pursue the full compensation you deserve.
Contact us today for a free consultation and let us help you protect your legal rights.
