If you're driving through Atlanta when another vehicle suddenly crashes into you, you could be seriously injured. Afterward, you may realize you forgot to fasten your seat belt. As you consider your legal options, you may worry that your failure to buckle up prevents you from trying to get compensation for your injuries.
At Rechtman & Spevak, our experienced Atlanta car accident lawyer understands your concerns. Our entire team is ready to provide clear guidance on how the seat belt defense affects your claim, even if you weren’t wearing a seat belt at the time of the collision.
Georgia Law Prohibits the Seat Belt Defense in Civil Cases
Fortunately for accident victims, Georgia law protects those not wearing seat belts during a crash. Under O.C.G.A. § 40-8-76.1(d), evidence of an individual’s failure to wear a seat belt is inadmissible in any lawsuit to establish negligence or to reduce damages.
Even if you weren't wearing a seat belt, the at-fault driver's insurance company can’t use this fact against you to avoid accident liability in court or while settling your claim. It also can’t argue that your injuries would have been less severe if you had buckled up, nor can it attempt to reduce your compensation based on your failure to wear a seat belt.
Georgia's prohibition on the seat belt defense was enacted in 1988 when the state began requiring front-seat occupants to wear seat belts. Despite this seemingly contradictory stance, the law remains clear: the lack of seat belt usage evidence isn’t admissible in civil lawsuits arising from car accidents.
Pursuing Compensation After an Atlanta Car Accident Involving the Seat Belt Defense
Under Georgia's protective laws, car crash victims who weren't wearing seat belts can still pursue full compensation for their injuries and losses if a negligent driver caused the collision. This may include economic and non-economic damages for:
- Current and future medical expenses
- Lost wages and earning potential
- Pain and suffering
- Emotional distress
- Vehicle damage and repair costs
To increase your chances of a successful claim, work with our knowledgeable Atlanta auto accident lawyer who understands Georgia's unique seat belt defense laws. Attorney Jaret Spevak can help you gather necessary evidence, negotiate with insurance companies, and fight for the financial security you deserve.
Factors That Impact Your Car Accident Settlement
Several factors affect how much compensation you receive after an Atlanta car accident. Understanding them can help you have realistic expectations when our attorney is trying to settle your case. Here are some of the most common issues that impact your auto accident settlement.
Severity of Your Injuries
You’ll have higher medical expenses, a longer recovery time, and more significant overall changes to your quality of life if you suffer severe medical complications. If this happens, your compensation might be greater.
Evidence Supporting Your Claim
There must be strong proof demonstrating the other party's fault and the extent of your damages to obtain a fair settlement. Evidence you may need includes police reports, witness statements, medical records, and expert testimony.
Insurance Policy Limits
If the at-fault driver carries minimum liability coverage, their insurance may not fully compensate you for your losses. As this is more common than you might expect, it is highly recommended that you carry uninsured/underinsured motorist coverage on your auto policy.
Your Potential Fault
Georgia follows a modified comparative negligence rule, which means that if you’re found partially at fault for the accident, your compensation is reduced by your percentage of fault. Additionally, you can’t recover any damages if you’re deemed 50% or more at fault. Working with our car accident lawyer is crucial, as Jaret Spevak will help you build a solid case and minimize any allegations of shared fault.
Get Help From Our Atlanta Auto Accident Firm
If you've been injured in a car crash, don't let concerns about seat belt use prevent you from exploring your legal rights. The skilled legal team at Rechtman & Spevak is ready to evaluate your case and advocate fiercely on your behalf. As an Atlanta auto accident attorney with over 30 years of experience, Mr. Spevak knows how to build strong cases and pursue maximum compensation for his clients.