Georgia's civil justice system is choked by a relic from a bygone era: the seatbelt gag rule. This law prevents defendants in car accident lawsuits from introducing evidence that the plaintiffs were not wearing a seatbelt. This law is built on outdated science, creates an unfair disadvantage for defendants, and strains the system it aims to protect.
Dozens of other states have already repealed similar laws - most recently, Indiana.
Modern seatbelts are lifesavers, reducing the risk of death by 45%, so why can’t jurors take into account whether an occupant was wearing one when determining what level of responsibility for injury rests with defendants versus plaintiffs in civil suits in Georgia?
As the law stands, a vehicle passenger who is involved in an accident and gets injured can sue the auto manufacturer. The auto manufacturer is barred from introducing evidence that indicates that the passenger was not wearing a seatbelt, even though all front seat passengers are required by Georgia Law to wear seatbelts, and wearing a seatbelt could have reduced the passenger’s injury or prevented it altogether.
Georgia’s Supreme Court has indicated that amending this law is up to the state legislature.
In the 2022 case of Domingue v. Ford Motor Company, the court confirmed that the law prohibits consideration of seatbelt usage, but left the door open to challenges calling into question the seatbelt rule's constitutionality.
At the time, Justice Sarah Hawkins Warren expressed "serious concerns” about a law that strips a defendant of the right to introduce evidence which might be “critical” to their ability to defend a product they design and manufacture.
The true burden of excessive lawsuits – a legitimate concern – falls on judges, who rigorously scrutinize claims and consumers who ultimately bear the costs of inflated civil awards by paying higher insurance rates. Repealing the rule sends a clear message: Georgia values both safety and accountability.
Georgia's legislature needs to act. Modern seatbelts are incredibly effective, and our civil justice system should reflect that reality. Repealing the gag rule would ensure a fairer system that rewards responsible behavior, holds negligent drivers accountable, and allows all parties to present relevant evidence.
It's time for the Georgia legislature to unbuckle from this outdated law and clear the way for a more just approach to car accident claims, ensuring legitimate cases are heard promptly.