What South Carolina’s Seat Belt Law Really Means for Your Compensation

“Were you wearing your seat belt?” It is often one of the first questions after a crash, and it can bring a wave of worry. If you were not buckled, or you are not sure, you may fear that it has already ruined your claim. The Greenville car accident lawyers at Snyder Heitman LLC hear this concern often, and the answer in South Carolina may surprise you. Our goal is to explain it clearly and we can apply it to your situation.

What the Law Requires

Under S.C. Code § 56-5-6520, the driver and every occupant of a motor vehicle must wear a fastened safety belt on public streets and highways. Drivers are generally responsible for making sure passengers age 17 or younger are buckled or secured in a child restraint. The penalty is modest: no more than a $25 fine for a violation, no more than $50 for a single incident, and it is not a criminal offense (§ 56-5-6540(A)).

How It Affects an Injury Claim

Here is the part that matters most for your compensation. S.C. Code § 56-5-6540(C) provides that a seat belt violation is not negligence per se, is not contributory negligence, and is not admissible as evidence in a civil action.

In everyday terms, the at-fault driver or their insurer generally cannot use the fact that you were unbuckled to argue that you share blame for the crash or that your compensation should be cut. The question stays where it belongs: who caused the collision? Many other states treat this issue differently, so something you read online may not apply here.

What the Law Does Not Mean

• It does not make going unbuckled safe. South Carolina’s Strategic Highway Safety Plan reports that 2,182 unrestrained occupants died in 1,917 crashes from 2019 to 2023. Please buckle up every trip.
• It does not erase other fault arguments. If the other side claims you were speeding or distracted, the modified comparative negligence rule still applies.
• It does not always stop the questions. You may still hear about seat belts during negotiations. You do not have to debate it with an adjuster.
• It does not change your medical needs. Your treatment records show your injuries and what they will cost.

If You Are Worried Right Now

Guilt and second-guessing are common after a crash, especially when someone you love was hurt. Please do not let worry keep you from getting medical care or asking for help. An unbuckled seat belt does not, by itself, end a claim in South Carolina.

Ask Us Before You Assume

If an insurance company has told you that your claim is weaker because of a seat belt, we would like to hear about it. Contact our office and let us look at what actually happened. Our Greenville car accident attorneys welcome questions from people across Greenville, Spartanburg, and Upstate South Carolina, even if you are not sure you want to hire anyone yet.

Source:

scdot.org/content/dam/scdot-legacy/pdfs/factsheets/SHSP%20Unrestrained%20factsheet.pdf