If you’ve been injured in a car accident in South Carolina but weren’t wearing a seatbelt, you may be wondering if you can still pursue fair compensation. It’s a common concern for many accident victims and passengers. While South Carolina law requires seat belt use, failing to wear one does not automatically disqualify you from filing a personal injury claim with a personal injury attorney.
In this blog, we’ll explore how seatbelt laws in South Carolina affect accident claims, what role comparative negligence rule plays, and how you can still protect your rights – even if you weren’t buckled up.
Understanding South Carolina’s Seatbelt Law
South Carolina’s seatbelt law, outlined in S.C. Code § 56-5-6520, mandates that all occupants in the front seat of a motor vehicle wear a seatbelt. Failure to do so is considered a traffic violation, and a careless driver can be fined.
However, when it comes to personal injury claims, South Carolina law clearly states that the failure to wear a seatbelt cannot be used as evidence of contributory negligence, nor can it be used to limit liability or reduce fair compensation in most cases. This specific provision provides important legal protection for accident victims.
What This Means for Your Case:
Even if you weren’t wearing a seatbelt, the other party cannot use that fact alone to reduce your compensation request or argue that you were the fault driver. The focus remains on the cause of the motor vehicle accident, not your use of a safety device.
Comparative Negligence Rule in South Carolina
South Carolina follows a modified comparative negligence rule. Under S.C. Code § 15-38-15, you can recover damages as long as you are less than 51% at fault for the accident. If you are found to be 50% or less responsible, you can still receive fair compensation, although the amount may be reduced based on your percentage of fault.
For example: If you were 20% at fault for the accident and awarded $100,000, you would receive $80,000. If you were 51% at fault or more, you would receive nothing.
So, Where Does the Seatbelt Come In?
If you weren’t wearing a seatbelt, the defense may try to argue that your accident injuries such as facial injuries or common injuries were worse than they would have been if you were restrained. While they can’t argue that you were negligent just for not wearing a seatbelt, they might argue that your severe injuries were partly your responsibility.
However, South Carolina courts generally do not accept this argument unless very specific conditions are met, such as clear medical record or powerful evidence showing that the injuries would not have occurred, or would have been significantly less severe, with a seatbelt.
How Seatbelt Use Can Affect Accident Claims
Here’s a breakdown of how seatbelt use might influence different aspects of your accident claim:
- Determining Liability
Seatbelt use typically has no bearing on who caused the accident. Liability focuses on the actions of the fault parties, such as distracted driving, drunk drivers, or a reckless driver. - Calculating Damages
The defense may hire a medical or accident investigation expert to argue that your spinal cord injuries or traumatic brain injuries were worsened by your lack of a seatbelt. However, South Carolina law provides limited opportunity for this line of defense to succeed. - Insurance Negotiations by insurance investigator
Insurance providers may try to use the lack of a seatbelt to reduce a collision settlement, even if it wouldn’t hold up in court. It’s important to have an experienced attorney from a wide range of reputable law firm like Ted Law Firm during negotiations to push back against this tactic.
Your Legal Right to Compensation
You have a legal process right to pursue a claim for compensation if you were injured due to someone else’s negligence, even if you weren’t wearing a seatbelt. You may be entitled to compensatory damages for:
- Medical expenses (devastating consequences)
- Lost wages and reduced earning capacity due to emotional trauma or common injuries.
- Pain and suffering in a criminal offense
- Emotional distress or emotional trauma
- Property damage by comprehensive coverage in a civil action
Your ability to recover maximum compensation depends heavily on the strength of your legal strategy and the powerful evidence you present. That’s why it’s critical to act quickly and consult accident attorneys who understand the complexities of South Carolina accident laws.
What to Do After a Car Accident (Even Without a Seatbelt)
If you’re involved in a major accident and weren’t wearing a seatbelt, follow these steps to protect your insurance claim:
- Seek Immediate Medical Attention
Get checked by a medical professional, even if injuries seem minor. Medical records are crucial for your case. - Document Everything
Take photos of the accident scene, your injuries, and property damage. Save all medical and repair bills and collect Police reports and Exchange contact details. - Avoid Admitting Fault
Do not apologize or make statements that could be interpreted as admitting guilt. This could affect how contributory negligence is applied. - Consult an Attorney
A personal injury lawyer can help you avoid common pitfalls, negotiate with the auto insurance company, and build a strong case.
Common Myths About Seatbelts and Lawsuits
Myth #1: If I wasn’t wearing a seatbelt, I’m automatically at fault.
Truth: Fault is based on actions leading to the auto accident, not seatbelt usage.
Myth #2: Insurance won’t pay if I wasn’t buckled up.
Truth: Your lack of a seatbelt does not eliminate your right to pursue an accident claim.
Myth #3: The fault driver can blame my injuries on the seatbelt.
Truth: South Carolina law limits this defense significantly unless evidence of negligence directly ties to your injuries.
Conclusion: Your Rights Still Matter
South Carolina law is designed to protect accident victims, even if they were not in full compliance with traffic regulations like seatbelt laws. The key issue in any personal injury case is who caused the accident, not whether you were wearing a seatbelt.
While not wearing one may be raised by the other side, it is not grounds to deny compensation. If you’ve been injured in a crash that wasn’t your fault, you should still speak for a legal guidance to a legal process team about your right to financial recovery.
Contact Ted Law Firm Today
If you or a loved one has been injured in a car accident in South Carolina even without a seatbelt don’t wait to get the legal help you need.
Ted Law Firm is here to guide you through the process and fight for the compensation you deserve for reducing physical activity.
Call Ted Law Firm Today , Your Fight Is Our Fight.
Trust Ted Law Firm to guide you through life’s most difficult times. We’re committed to your recovery and peace of mind. We proudly represents injured moped riders and their families in Aiken for family law, Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta,advocating for accident victims across South Carolina and Georgia. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
Contact us now for a free consultation and get the support you need today.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
