Seatbelt Issues

Georgia has enacted laws requiring drivers and front-seat passengers to wear seatbelts while the vehicle is being operated on public roadways. O.C.G.A. § 40-8-76.1. Georgia law also mandates that children under the age of six wear seatbelts. O.C.G.A. § 40-8-76. In many states, if you are injured in an accident but you were not wearing your seatbelt at the time of the collision, insurance companies and their defense lawyers will attempt to argue that you would not have been injured if you were properly buckled in. In making this argument, the defense seeks to prove that you were comparatively negligent in causing the injuries you suffered during an accident. To use this defense, however, the other driver's insurance company must prove that your unbuckled seatbelt contributed to, or was a cause of, your injuries. Georgia courts, however, will not admit evidence of failure to wear seatbelts in automobile accident cases. O.C.G.A. 40-8-76.1(d).

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In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the Statute of Limitations. If you or a loved one is a victim of personal injuries, call Eric J. Hertz, P.C. now at 404-577-8111 or submit a simple Case Review Form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a Contingent Fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.