Under O.C.G.A. § 40-8-76.1(d) as amended in 2025, not wearing a seatbelt can be used as evidence of fault, causation, and apportionment, and to reduce your recovery. It does not bar your claim, and a judge can still exclude the evidence under the rules of evidence. The rule applies at least to lawsuits filed on or after April 21, 2025; whether it reaches cases already pending then is disputed.
Many people hurt in crashes worry that not wearing a seatbelt ruins their case. In Georgia it doesn't. The other driver who ran the red light is still responsible for causing the crash. But since April 2025, the seatbelt question can come up in front of a jury, and insurers know it. This guide explains what the law now says and how it plays out in a claim.
The old rule: the jury never heard it
Before 2025, Georgia's seatbelt statute said that failing to wear one could not be considered evidence of negligence or causation, could not be considered by the jury on any question of liability, and could not be used to reduce damages. The thinking was simple: the seatbelt didn't cause the crash, so it shouldn't help the person who did. Plenty of older articles online, and some code websites that haven't been updated, still describe that rule.
The new rule under O.C.G.A. § 40-8-76.1(d)
SB 68 and SB 69 both rewrote the same subsection. It now says failure to wear a seatbelt "may be considered in any civil action as evidence admissible on the issues of negligence, comparative negligence, causation, assumption of risk, or apportionment of fault or for any other purpose and may be evidence used to diminish any recovery for damages."
The same sentence keeps a safeguard: it does not "prevent a court from determining the admissibility of such evidence" under O.C.G.A. § 24-4-403 or other evidence rules. A judge can still keep it out if its unfair prejudice substantially outweighs its value, for example where there is no real evidence a belt would have changed the injury.
One thing did not change: not wearing a seatbelt "shall not be any basis for a cancellation of insurance coverage or an increase in insurance rate."
Which cases does it apply to?
This is the unsettled part. The two bills contain the identical seatbelt amendment but different timing language.
- SB 69 says its seatbelt section applies "only to causes of action commenced on or after" April 21, 2025, and that earlier cases are governed by prior law. "Commenced" most likely means filed, though the bill doesn't define it.
- SB 68 says the legislature intends its provisions other than negligent security and medical expenses, which includes the seatbelt amendment, to apply to cases pending on April 21, 2025, unless that would be unconstitutional.
- As of this writing, we know of no Georgia appellate decision resolving the conflict. What is clear is that a lawsuit filed on or after April 21, 2025 falls under the new rule, even if the crash happened earlier.
Seatbelt evidence doesn't bar your claim
Georgia uses modified comparative negligence (O.C.G.A. § 51-12-33): you can recover if you are less than 50% at fault, and your damages are reduced by your percentage. Seatbelt evidence is one more thing the defense can argue goes into that percentage, or that some of your injuries would not have happened with a belt on. It is not an automatic reduction, and it does not change who caused the crash. Our guide to the 50% fault rule explains the math.
Where seatbelt evidence matters most is causation: whether a belt would actually have prevented or reduced a particular injury. In some crashes, such as certain side impacts, rollovers with roof crush, or a belt that failed, a belt may not have changed the injury at all. Those are questions for medical and engineering evidence, not assumptions.
What to do if you weren't buckled in
- Tell your lawyer the truth from the start. The crash report, EMS notes, hospital records, and the car's event data recorder often show belt use anyway, and a surprise later is far worse than a known fact now.
- Don't discuss belt use with the other driver's insurer. Our article on giving the insurance company a statement covers why.
- Keep the vehicle, or at least don't let it be destroyed, until your lawyer has a chance to document it. The belt, the airbag module, and the crash data can matter.
- Get treatment and follow it. A gap in care hurts a claim more reliably than seatbelt evidence does.
- Note who else was in the car. Children's restraint use and other passengers' claims raise their own questions.
Frequently Asked Questions
Can I still sue if I wasn't wearing a seatbelt in Georgia?
Yes. Not wearing a seatbelt does not bar a claim. Since April 2025 it can be used as evidence on fault and causation and to reduce damages, but the driver who caused the crash is still responsible for it.
Will not wearing a seatbelt automatically reduce my settlement?
No. There is no fixed reduction. The defense has to connect belt non-use to your injuries, and a judge can exclude the evidence under the rules of evidence. In practice, insurers may still raise it in negotiations.
My crash was before April 21, 2025. Does the new seatbelt rule apply?
If your lawsuit was filed on or after April 21, 2025, it likely does. If your case was already filed before that date, SB 68 and SB 69 conflict on the point and no appellate court has resolved it.
Can my insurance company raise my rates because I wasn't wearing a seatbelt?
The statute says belt non-use "shall not be any basis for a cancellation of insurance coverage or an increase in insurance rate." That part of the law was not changed in 2025.
Sources
This guide is general information about Georgia law as of October 29, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.