Georgia has enacted laws requiring drivers and front-seat passengers to wear seatbelts while the vehicle is being operated on public roadways. O.C.G.A. § 40-8-76.1. Georgia law also mandates that children under six wear seatbelts. O.C.G.A. § 40-8-76. In many states, if you are injured in an accident but you were not wearing your seatbelt at the time of the collision, insurance companies and their defense lawyers will attempt to argue that you would not have been injured if you were properly buckled in. In making this argument, the defense seeks to prove that you were comparatively negligence in causing the injuries that were suffered during an accident. To use this defense, however, the other driver's insurance company must prove that your unbuckled seatbelt contributed to, or was a cause of your injuries. Georgian courts, however, will not admit evidence of failure to wear seatbelts in automobile accident cases. O.C.G.A. 40-8-76.1(d).
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Law Office of Donald P. Edwards now at 404-526-8866 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.