Not wearing a seatbelt does not make someone ineligible to recover compensation in a personal injury claim or lawsuit. Unlike other states, South Carolina does not accept failure to wear a seatbelt as valid evidence of negligence in an injury lawsuit.
Even though not wearing a seatbelt does not count as evidence that you are responsible for your injuries, securing compensation can still be challenging. Insurance companies might offer a lower settlement or deny your claim altogether.
Are Seatbelts Required in South Carolina?
Wearing a seatbelt is required by law in South Carolina. In 2005, seatbelt use shifted from secondary to primary enforcement. This updated law allows law enforcement to pull over a vehicle if they have a clear and unobstructed view that the driver or occupants are not properly restrained, even if the driver did not break any other laws. The driver is also responsible for ensuring that all passengers under 17 are properly restrained.
Are There Exceptions to the Seatbelt Rule?
There are several exceptions to the seatbelt law that apply to:
- United States mail carriers
- School, church, or daycare buses
- Public transportation, excluding taxis
- Medical personnel and patients in an emergency vehicle while operating in an emergency situation
- Individuals with a doctor’s note stating they are unable to wear a seatbelt for medical or physical reasons
- Vehicles participating in a parade
- Vehicles that were originally manufactured without seatbelts
- Occupants without a seatbelt available because all other seatbelts are in use
Is There a Fine for Not Wearing a Seatbelt in a Car?
Drivers and vehicle occupants not wearing seatbelts could be fined $25 for the first offense and up to $50 for multiple offenses. Failure to wear a seatbelt is not a criminal offense. It does not add points to your driving record or raise your insurance premium.
What Injuries Can Result from Not Wearing a Seatbelt?
During a collision, unrestrained individuals can be thrown from the vehicle. This puts themselves and other vehicle occupants at significant risk of catastrophic injuries or death. In one recent year, the National Highway Traffic Safety Administration (NHTSA) reported that 50 percent of fatally injured vehicle occupants were not wearing a seatbelt at the time of the crash. When unbuckled passengers do survive an accident, they often sustain injuries such as:
- Broken bones
- Cuts and gashes
- Dental injuries
- Facial injuries
- Road rash
- Amputations
- Severe head injuries
- Traumatic brain injuries (TBI)
- Neck and spinal cord injuries, including paralysis
- Internal organ damage
Even if you weren’t wearing your seatbelt, you still deserve compensation for your injuries that someone else caused. An experienced car accident attorney can help you pursue the money you need to recover.
Is It Possible to Still Recover Compensation If I Was Not Wearing a Seatbelt?
South Carolina law states that failure to wear a seatbelt is not admissible as evidence in a civil action and is not considered negligence. If you are otherwise eligible to file a claim or lawsuit, failure to wear a seatbelt will not legally prevent you from recovering compensation.
Could My Not Wearing a Seatbelt Affect the Amount of Compensation?
Although your failure to wear a seatbelt does not legally impact your ability to file a lawsuit or recover compensation for your injuries, you might still face challenges securing fair compensation from the insurance company. Insurance companies advertise that they are there to help you. But like most businesses, their main goal is to increase their profits.
In many cases, insurance companies may offer a settlement to avoid civil action. They may choose to reduce your settlement based on the fact that you were not wearing a seatbelt. Or they may even deny your claim entirely. You should always seek an attorney’s opinion before accepting a settlement from the insurance company.
A skilled attorney can try to negotiate a higher settlement. If you choose to file a lawsuit, your attorney will support you throughout the process. You can take many steps to build a strong case that demonstrates the other party’s negligence.
Our team can help you gather strong evidence in your favor that could even increase the amount of compensation you are owed. If you do decide to take civil action, the insurance company cannot legally present your failure to wear a seatbelt as evidence of negligence. Our attorneys will carefully protect your legal rights and help you fight for the compensation you deserve, whether in an insurance claim or at trial.
What Is the Statute of Limitations in South Carolina for Filing a Car Accident Lawsuit?
South Carolina law allows plaintiffs up to three years from the accident date to file a personal injury lawsuit. Beginning this process as early as possible is essential to ensure you meet all applicable deadlines. Additionally, starting the process sooner could make it easier to collect strong evidence.
Contact a South Carolina Car Accident Lawyer
If you were injured in a car accident where you weren’t wearing a seatbelt, you may be worried about growing medical expenses, lost wages, and many other financial burdens on top of the physical pain you are suffering. Fortunately, you may still be able to recover compensation from the at-fault party – even if you were not wearing a seatbelt.
The attorneys at McKinney, Tucker & Lemel LLC have many decades of experience helping people in York and Lancaster Counties. We can review your case and find a legal solution that fits your needs and protects your rights. Contact us today for a consultation.
