Can I File a Lawsuit If I Wasn't Wearing a Seat Belt?
If you had to estimate what percentage of adults in the United States wear seat belts, what would you guess?Most people underestimate it.
According to the National Highway Traffic Safety Administration (NHTSA), approximately 91% of adult front-seat occupants wear seat belts. Usage varies by region, with southern states, including South Carolina, typically in the high 80% range. These numbers reflects decades of public safety efforts and increased awareness.
South Carolina Seat Belt Laws
South Carolina law requires drivers and passengers to wear a seat belt on public roads. See, S.C. Code § 56-5-6520 (2025). A 2025 law requires children under 12 to wear seat belts in golf carts on public roads. See, S.C. Code § 56-2-90(E). A law enforcement officer has the authority to stop a driver if the officer has a clear and unobstructed view of a driver or passenger not wearing a safety belt or not secured in a child restraint system.
This law does not apply to:
- A driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons.
- Medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals.
- School, church, or day care buses.
- Public transportation vehicles except taxis.
- Occupants of vehicles in parades.
- United States mail carriers.
- An occupant for which no seat belt is available because all belts are being used by other occupants.
- A driver or occupants in a vehicle not originally equipped with safety belts.
How Seatbelt Laws Influence Personal Injury Cases
In South Carolina, failing to wear a seat belt does not prevent you from filing a personal injury claim and cannot be used as evidence of negligence or to reduce compensation in a civil lawsuit. See, S.C. Code Ann. § 56-5-6540(C). In other words, your ability to recover damages at trial is not diminished because you were not wearing a seat belt.
However, insurance companies frequently raise seat belt non-compliance during pre-suit negotiations in an effort to minimize the value of a claim. This is where experienced legal counsel matters. A personal injury attorney can ensure that inadmissible argumetns do not improperly influence early settlement discussions. We push back against unsupported claim reductions and keep the focus where it belongs - on the conduct of the negligent party.
The law protects your right to recover damages, but seat belts help protect you from the kind of injuries that can change a life.
Buckling up in the front seat of a passenger car reduces the risk of fatal injury by 45% and moderate-to-critical injury by 50%. For those in light trucks, the risk of fatal injury is reduced by 60%. Being ejected from a vehicle is almost always deadly, and unbelted occupants are 30 times more likely to be thrown from a car during a crash. (National Highway Traffic Safety Administration (NHTSA). Sustaining fewer injuries leads to lower medical bills and less time off work. Furthermore, some insurance companies may raise rates or deny claims if an occupant was unbelted during an accident. (Centers for Disease Control (CDC)).
If You’ve Been Injured
Getting the right guidance early can make a meaningful difference. Protecting the value of your case requires clear, consistent effort to ensure it is taken seriously from the beginning. Having someone who understands the process and knows how to advocate for the full impact of what you’ve experienced can change the trajectory of a case.
If you have questions about your rights, an early conversation with an attorney can help you move forward with clarity and confidence. We are here to help you understand your options and protect the value of your claim.
Based in South Carolina, Dana Adkins represents individuals injured in car accidents and other serious incidents. You can reach her directly at (843) 330-7687.