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Being involved in a car crash can result in serious and even permanent injuries. Victims do not always wear seatbelts—and they may worry that this fact could jeopardize their right to seek compensation. This is where the so-called “seatbelt defense” comes in.
The good news is that state law protects accident victims even if they were not wearing a seatbelt at the time of the crash. The legal team at Joshua E. Palmer LLC explains what Warner Robins and Macon, GA accident victims need to know.
State Law Concerning the “Seatbelt Defense”
According to O.C.G.A. § 40-8-76.1(d), the fact that a victim was not wearing a seatbelt at the time of the accident cannot be admitted as evidence against the victim with respect to negligence or damages. The law, also known as the seatbelt statute, reads:
“The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle.”
A 1993 Georgia Supreme Court decision interpreting this law noted the legislature’s intent “that those who cause vehicular collisions are not permitted to escape liability by raising the defense that the injured party was not wearing a seatbelt.” This defense is commonly known as the seatbelt defense.
The prohibition of the seatbelt defense is relevant in light of a doctrine known as comparative negligence. Under this rule, if a person was partially to blame for causing their own injuries, a percentage of fault is assigned to them. The court then reduces their damages accordingly.
Although the court can admit evidence of something like speeding to lower the victim’s damages, it cannot admit evidence of failure to wear a seatbelt. The at-fault driver’s insurance company cannot use this to deny your claim or attempt to mitigate or negate their policyholder’s negligence.
Moreover, the at-fault party cannot argue in court that your injuries would not be as bad had you been wearing a seatbelt. In states that don’t have this law, such an argument could also reduce the victim’s damages. Not so in Warner Robins, Macon, and elsewhere in Georgia.
Cases Applying the Seatbelt Statute
The original seatbelt statute was enacted in 1988 in a law that, ironically, also required the use of seatbelts for front passengers. Subsequent amendments abolished the use of the seatbelt defense for any occupants of the vehicle, not just those in the front.
Importantly, a Georgia Court of Appeals opinion (King v. Davis) requires the court to instruct the jury to not consider evidence of the victim’s failure to wear a seatbelt. This is so, even if the victim did not object to such evidence when it was offered in court.
However, this has not stopped creative lawyers from trying to find ways to inform members of the jury that the victim was not wearing a seatbelt. This, they hope, will prejudice the jury against the victim even without mentioning the failure to wear a seatbelt.
One example of this is a 1999 Georgia Court of Appeals decision, Fulton-Fritchlee v. Douglas. The defendant introduced indirect evidence that the victim was not wearing a seatbelt (e.g. the victim’s violent movement inside the vehicle at the time of the crash, which implied the lack of a seatbelt). The Court held that this did not violate the seatbelt statute.
What This Means For Warner Robins and Macon Accident Victims
Accident victims should take away three main facts from the seatbelt statute and the above opinions:
- The at-fault party cannot use your failure to wear a seatbelt against you to avoid liability for causing an accident or to reduce your damages
- Courts must inform juries of this fact even if the victim did not object to evidence of their failure to wear a seatbelt
- Lawyers will still try to find loopholes
This last point is important because your car accident damages could be quite substantial, and may include:
- Medical bills
- Lost income
- Lost income-earning ability
- Pain and suffering
- Emotional distress
- Vehicular and other property damage
Since lawyers have, in the past, been able to indirectly introduce evidence that the victim was not wearing a seatbelt, you can count on them to try to do so against you if they can. The goal is clear: reduce the amount of compensation that you deserve.
For this reason, car accident victims in Warner Robins and Macon need a zealous advocate who is ready to fight for the damages they need and contest any attempt to shift blame. That firm is Joshua E. Palmer LLC. Get in touch with us today if you have been injured in a crash.
