Seat belt evidence after SB 68
Not wearing a seat belt can now be raised in a Georgia injury case.
Last updated: October 6, 2026
What changed
Georgia used to keep seat belt nonuse out of most civil trials. Now evidence that a person was not wearing a seat belt may be admitted on negligence, comparative fault, causation, assumption of risk and apportionment of fault. The judge can still keep it out if its value is substantially outweighed by unfair prejudice.
The defense still has to connect the missing seat belt to the injury. It does not automatically end a case.
The other driver clearly caused the crash. The defense may now argue the injuries would have been less severe with a belt on. Expert proof, the type of injury and how the crash happened all matter.
Illustration only, with made-up facts. Your case depends on its own facts.
Questions
Does not wearing a seat belt mean I have no case?
No. It may be argued to reduce damages or shift some fault, but Georgia’s comparative fault rule still applies.
What about children?
Child restraint rules are separate. Ask how they apply to your facts.
Official sources
Look up each section in the Official Code of Georgia Annotated (free public access). Laws change; always read the current text.
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