Suffering a serious car accident changes your life in an instant. Beyond the physical pain, you may face the sudden reality of being unable to return to work, which creates immense financial stress for your family. During this difficult time, you deserve to focus on your recovery without the added weight of complex legal disputes.
However, there are recent changes in how Georgia courts handle car accident cases. Seatbelt use now plays a much larger role in your ability to secure the compensation you need.
Evidence of seatbelt use in court
For years, Georgia courts did not allow juries to hear evidence about whether an injured person was wearing a seatbelt at the time of a crash. Recent updates to state legislation have completely changed this rule.
Now, if you seek compensation for your injuries, the defense can present evidence to the jury showing you were not buckled up. The law allows the other side to use this information to argue that your injuries are more severe than they would have been otherwise.
If a jury believes that skipping a seatbelt worsened your condition, they may choose to reduce the amount of money you receive, even if the other driver caused the accident.
How comparative negligence affects your case
Georgia follows a rule known as comparative negligence, which determines how much money you can recover based on your level of fault. Under this system, a jury assigns a percentage of blame to everyone involved in the accident.
The state also follows the “50 percent bar” rule to determine who can collect compensation after an accident. If a jury decides you are 50 percent or more responsible for your own injuries, you may not recover any compensation at all.
Because juries now see evidence of seatbelt use, they may assign a higher percentage of fault to you for failing to use a basic safety feature. Even if you are less than 50 percent responsible, the court still subtracts your percentage of fault from your total award.
Prioritize safety when behind the wheel
Wearing a seatbelt is crucial to protect your physical safety and your legal rights. By buckling up, you reduce the risk of sustaining life-altering injuries and remove a way for insurance companies to lower compensation in case of an accident.