Imagine a loved one being in a severe accident where the seatbelt did not work in the way it was intended. As a result, you decide to hold the car manufacturer accountable, alleging negligence in the seatbelt design. During the discovery process, the car manufacturer attempts to shield themselves from liability by either producing evidence or alluding to the fact your loved one was not wearing their seatbelt at the time of the accident. Such evidence would be harmful to your case; what can you do?
You are in luck. Georgia has a statute with a provision that the failure to wear a seatbelt cannot be considered as evidence of negligence or causation; otherwise be considered by a fact finder on any question of liability; be a basis for cancellation or increase in insurance; and cannot be used as evidence to diminish recovery.
"Buckle Up! The Supreme Court of Georgia Provides Clarity to the State’s Seatbelt Statute in Domingue v. Ford Motor Company,"
Mercer Law Review: Vol. 74:
2, Article 14.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol74/iss2/14