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Georgia Seat Belt Evidence Law After SB 68 (2025)

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For decades, Georgia juries could not hear that an injured person was not wearing a seat belt. That changed on April 21, 2025. Senate Bill 68 rewrote the law. Now the other side can use your seat belt choice to argue you were partly at fault, and to lower what you recover.

What the Law Says

O.C.G.A. § 40-8-76.1, Use of safety belts in passenger vehicles, states in subsection (d):

(d)(1) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts 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 arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle; provided, however, that this paragraph shall not prevent a court from determining the admissibility of such evidence pursuant to Code Section 24-4-403 or any other statutory or common law rule of evidence.

(2) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be any basis for a cancellation of insurance coverage or an increase in insurance rate.

You can read the full statute on the Georgia General Assembly’s official code site. The 2025 changes come from Senate Bill 68 (2025), Section 5.

In Plain English

Before SB 68, Georgia had what lawyers called the “seat belt gag rule.” The old version of subsection (d) said that not wearing a seat belt “shall not be considered evidence of negligence or causation.” A jury could not hear about it at all. Even if you flew through the windshield, the defense could not say a belt would have saved you from harm.

SB 68 flipped that rule. Now the statute says seat belt non-use “may be considered in any civil action.” The jury can hear it on five issues. Those are negligence, comparative negligence, causation, assumption of risk, and apportionment of fault. The statute adds “or for any other purpose.” That is very broad.

What does this mean for you? Suppose you were hurt in a crash caused by another driver. If you were not buckled up, the defense can argue two things. First, that you were careless. Second, that your injuries would have been less severe with a belt. Either argument can lower your award under Georgia’s comparative fault rule. If the jury puts 50 percent or more of the blame on you, you recover nothing.

The law still has a safety valve. The judge can keep seat belt evidence out under Code Section 24-4-403. That rule lets a judge exclude evidence that is unfair or misleading. For example, a judge might exclude the evidence if the belt would not have mattered. Think of a crash where the car was crushed from the side. But you should expect the defense to try to bring it in.

One thing did not change. Under paragraph (2), your insurance company still cannot cancel your coverage or raise your rates because you were not wearing a belt.

Which cases does the new rule cover? SB 68 says in Section 9 that most of the bill applies to cases “pending on the effective date of this Act, unless such application would be unconstitutional.” The seat belt change is in Section 5. The bill does not list Section 5 among the parts that apply only to new cases. So the new rule likely applies to cases that were already in court on April 21, 2025. Courts may still have to sort out some details.

Example

James was a passenger in his friend’s car in Athens on June 2, 2025. Another driver ran a stop sign and hit them. James was not wearing his seat belt. He hit the dashboard and broke his jaw and two ribs. His medical bills came to $45,000. His total damages, including pain and suffering, were $150,000.

Under the old law, the jury would never learn he was unbelted. He might recover the full $150,000 from the other driver.

Under the new law, the defense hired a crash expert. The expert testified that a seat belt would have prevented the jaw injury. The jury found the other driver 70 percent at fault and James 30 percent at fault. His award dropped to $105,000.

Now suppose James had been driving drunk, too. The jury might put 50 percent or more of the blame on him. Under Georgia’s 50 percent bar, he would get nothing.

Key Points to Remember

  • Since April 21, 2025, Georgia juries can hear that an injured person was not wearing a seat belt.
  • The defense can use this to argue you were negligent or that your injuries would have been less severe.
  • Seat belt evidence can lower your award under Georgia’s comparative fault rule.
  • If the jury finds you 50 percent or more at fault, you recover nothing.
  • A judge can still exclude the evidence if it is unfair or misleading.
  • Your insurer cannot cancel your policy or raise your rates for not wearing a belt.
  • The new rule likely applies to cases that were already pending when SB 68 took effect.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.