Georgia law requires children under 18 to be properly restrained in moving vehicles, regardless of where they are seated. Seat belts are not legally required for adult backseat passengers in Georgia. But wearing a seat belt is still highly recommended for safety.
What Are Georgia’s Seat Belt Laws?
Georgia’s seat belt laws aim to enhance road safety by requiring drivers and certain passengers to use federally-approved restraint systems.
Use of Safety Belts in Passenger Vehicles (Section 40-8-76.1)
Georgia laws requiring seat belt usage detail the following:
- All front-seat occupants in a passenger vehicle must be restrained by seat belts while the vehicle is operating on a public road.
- Various exceptions apply to this requirement, such as medical exemptions, low-speed driving between frequent stops, and vehicles manufactured before 1965.
- Not wearing a seat belt is not considered a criminal act but may result in a fine of up to $15.
- Minors 8 and older must always wear a seat belt, whether in front or back seats.
- Failing to wear a seat belt is not evidence of negligence or causation.
- Law enforcement officers must have a clear and unobstructed view of a driver not wearing a seat belt to have probable cause for a violation of Georgia’s seat belt law.
Safety Belts as Equipment and Child Safety Restraints (Section 40-8-76)
Passenger cars manufactured after 1964 must have at least two sets of safety belts for front seats. Drivers must properly restrain children under 8 in approved, rear-seat child passenger restraint systems while their vehicles are in motion on public roads. Exceptions include:
- Children weighing at least 40 pounds are exempt in vehicles without lap and shoulder belts or when all seat belts are used to restrain other children.
- Children should be in rear seats but may be restrained in front seats in specific circumstances.
- Medical exceptions are available if a physician provides a written statement about a physical or medical condition that prevents a child from using a seat belt.
Are There Any Exceptions to Georgia’s Seat Belt Law?
Georgia law includes the following exceptions to its usual seat belt requirements:
- Children under 8 years old – Child restraint system requirements do not apply if a parent or guardian obtains a physician’s written statement preventing seat belt use. Also, the child can use a regular seat belt if they are over 4 feet and 9 inches tall.
- Medical or physical reasons – Drivers or passengers with written physician’s statements are exempt if they can’t wear a seat belt for medical or physical reasons.
- Delivery drivers – Drivers or passengers frequently stopping and leaving their vehicles or delivering property from their vehicles are exempt if they do not exceed 15 miles per hour.
- Vehicle operation – A driver operating a vehicle in reverse is exempt from wearing a seat belt.
- Vehicle model year – Passenger vehicles with model years before 1965 are not required to have seat belts and are exempt. Vehicles designed to carry 11 to 15 passengers, manufactured before July 1, 2015, and without manufacturer-installed seat belts are also exempt.
- Certain occupations and activities – Exceptions also apply to rural letter carriers, newspaper delivery vehicles, and emergency services vehicles.
- Agricultural vehicles – Seat belt laws do not apply to off-road vehicles or pickup trucks used by owners, drivers, or occupants 18 or older for agricultural pursuits.
What Are the Consequences of Not Wearing a Seat Belt?
In one year, a staggering 26,325 passenger vehicle occupants lost their lives in accidents. According to the available data, half of those killed were not wearing seat belts. In another recent year, seat belts saved an estimated 14,955 lives. Experts estimate an additional 2,549 lives could have been saved that year had all occupants buckled up.
When seated in the front of a passenger car, using a seat belt decreases the risk of fatal injury by 45 percent and moderate to critical injuries by 50 percent. In light trucks, buckling reduces the risk of fatal injuries by 60 percent and moderate to severe injuries by 65 percent.
How Can Georgia’s Seat Belt Laws Affect My Personal Injury Claim?
State law says failure to wear a seat belt cannot be considered evidence of negligence or causation in an accident. It also cannot be used to reduce any potential recovery for losses arising from a crash.
While not wearing a seat belt might not be used directly to establish fault, the insurance company may still try to protect themselves by placing the blame on you. A skilled car accident attorney can help ensure they follow Georgia seat belt laws and demand the full compensation you’re owed.
Can a Seat Belt Cause an Injury in a Car Accident?
Seat belts can save lives and decrease the severity of crash injuries. But there are instances where seat belts themselves cause harm. The most common seat belt injuries include bruises and abrasions where the belt meets the body, often across the chest, abdomen, and shoulders. Seat belts can also exert intense pressure on the lower abdomen and chest, leading to internal injuries like fractures and internal organ damage. However, the risk of these injuries occurring in an accident doesn’t offset the fact that a seat belt can be the difference between life and death.
Seat Belt Safety Tips for Passengers
Despite the risk of seat belt injuries, you should always buckle up while driving, whether behind the steering wheel or in the passenger seat. Here are some key safety tips for vehicle passengers:
- Always wear a seat belt, even on short trips.
- Ensure your lap belt sits low and tight across the hips.
- Position the belt across your chest and away from your neck.
- Never place a shoulder belt under your arm or behind your back.
- Check that other passengers, including those in the back seat, are buckled up.
- Continue wearing seat belts during pregnancy, even in vehicles with airbags.
- If the car has adjustable shoulder belt anchors, adjust them to your height.
- Never share a seat belt with another passenger.
Contact a Georgia Car Accident Lawyer
Did you or someone close to you get hurt in a Georgia traffic accident where seat belt use was an issue? Contact the team at Sherrod & Bernard, P.C., for a free consultation to learn how we can preserve your right to maximum compensation.
