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Seat Belt Laws And Car Accident Fatality Lawyers

South Carolina Experiences Surge in Traffic Fatalities Involving Unbuckled Victims

In South Carolina, there is a dark and alarming trend that continues to cast a shadow on its roadways. Traffic fatalities have been steadily increasing, leaving a trail of devastation in their wake. A concerning factor contributing to this surge in fatalities is the persistent failure of many individuals to wear their seat belts while driving or riding in vehicles.

Failing to Wear a Seat Belt Increases the Risk of Death 

Seat belts stand out as one of the most effective safety measures in preventing injuries and preserving lives in motor vehicle accidents. The National Highway Traffic Safety Administration (NHTSA) reports that, in 2017 alone, seat belts saved an estimated 15,000 lives in the United States. They decrease the risk of fatal injuries for front-seat passengers by 45% and reduce the risk of moderate to critical injuries by 50%.

According to the Traffic Fatality report released by the South Carolina Department of Public Safety (SCDPS), there were a total of 999 fatalities in South Carolina in the year 2023. Out of these tragic incidents, 606 of the fatalities occurred among individuals who were not utilizing seatbelts.

Furthermore, data indicates the following:

  • 190 fatalities resulted from accidents involving automobiles with victims not using seatbelts;
  • 80 fatalities occurred in accidents involving Sport Utility Vehicles (SUVs) with victims not wearing seatbelts; 
  • 65 fatalities were linked to pickup trucks where victims were not using seatbelts and
  • 5 fatalities were recorded in incidents involving minivans where the victims were not utilizing seatbelts.

The statistics speak volumes: seatbelts are undeniably one of the most effective tools we have for saving lives on our roads. Whether you’re driving an automobile, SUV, minivan, or pickup truck, the simple act of buckling up can make an enormous difference. It’s not just a legal requirement in many places; it’s a powerful shield against the devastating consequences of accidents.

Comparative Negligence and Seat Belt Usage in South Carolina 

South Carolina’s legal approach to seat belt evidence in personal injury and wrongful death lawsuits differs from many other states. In those states, failing to wear a seat belt can serve as a contributing factor in determining liability and damages. Despite following a modified comparative fault rule, which determines settlements based on the degree of fault in a car crash, South Carolina law takes a clear stance when it comes to seat belt use in legal proceedings. Thus, under South Carolina Code Section 56-5-6540, in the event of a car accident, failing to wear a seat belt cannot be presented as evidence of comparative negligence in a lawsuit. 

It’s important to note that seat belt violations in South Carolina come with specific legal implications. Firstly, seat belt violations do not leave any mark on your driving record, meaning they won’t affect your long-term driving history. Additionally, these violations are not reported to your insurance company, ensuring that your insurance rates won’t increase due to such infractions. Importantly, failing to wear a seat belt does not result in arrests, and it does not provide a legal basis for law enforcement to conduct a vehicle search.

Perhaps most crucially, should you find yourself injured in a car accident caused by someone else, your failure to wear a seat belt will not prevent you from pursuing an insurance claim or lawsuit to seek compensation for your injuries and related damages. These legal provisions aim to maintain a focus on accident liability while not penalizing individuals further for seat belt infractions in the aftermath of an accident.

Filing a Claim or Lawsuit after a South Carolina Accident 

When it comes to pursuing compensation for your injuries, you can file a civil lawsuit against the negligent driver, even if you were not wearing a seat belt at the time of the accident. Typically, your initial step will involve filing a claim with the at-fault driver’s insurance company to seek damages for various aspects of your loss, including medical expenses, property damage, lost wages due to time off work for treatment and recovery, and pain and suffering.

However, it’s worth noting that while your failure to wear a seat belt cannot be used against you in court, the opposing insurance company may attempt to use it as leverage to offer you an unjustly low settlement. Adjusters may deny your claim or provide inadequate compensation, assuming you are less likely to take legal action.

If you have legal representation, your attorney will take proactive steps to ensure you receive a fair settlement. This may involve conducting a comprehensive investigation to establish the liability of the at-fault driver, enlisting expert witnesses such as accident reconstruction specialists, obtaining video footage from nearby cameras, presenting compelling medical evidence, quantifying your pain and suffering for a thorough evaluation of your claim, and negotiating with the insurance company to demand a reasonable award. If necessary, your attorney will also advocate for your rights in court if your case proceeds to trial.

Has Your Life Been Forever Impacted by a South Carolina Car Accident?

If you were recently involved in a car accident or you tragically lost a loved one in an accident, nothing can reverse the damage caused to your family’s life. However, through a South Carolina personal injury or wrongful death claim, you can pursue compensation that would ensure that your family is not left with a financial burden. At the Steinberg Law Firm, our compassionate injury lawyers have over 95 years of experience helping accident victims and their loved ones pursue fair compensation for everything they’ve been through. We also provide free consultations at all three of our conveniently located offices in Charleston, Summerville, and Goose Creek. To learn more, and to schedule a free consultation with a South Carolina personal injury lawyer at the Steinberg Law Firm, call 843-720-2800. You can also connect with us through our online contact form.

Updated on October 24, 2024

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