[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/car-accident-no-seat-belt\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/car-accident-no-seat-belt\/","headline":"Can I Sue After a Car Accident in South Carolina if I Was Not Wearing My Seat Belt?","name":"Can I Sue After a Car Accident in South Carolina if I Was Not Wearing My Seat Belt?","description":"Buckling up is one of the best ways to protect yourself from injury if a car accident occurs. For this reason, South Carolina requires all drivers and passengers to wear a seat belt. Still,\u00a0South Carolina state data\u00a0shows that one unrestrained motor vehicle occupant dies every 28 hours in...","datePublished":"2025-07-07","dateModified":"2026-02-18","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/#Person","name":"Ed Anderson","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2022\/05\/seabelt.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2022\/05\/seabelt.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/car-accident-no-seat-belt\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0","name":"How an Attorney Can Help You After an Accident in South Carolina - McKinney, Tucker & Lemel LLC","description":"For more information, please visit our website: https:\/\/www.mtllawfirm.com\/blog\/how-attorney-can-help-after-an-accident-in-south-carolina\/\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/default.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/OBjWgSUC-p0\/maxresdefault.jpg"],"uploadDate":"2025-07-08T01:52:46+00:00","duration":"PT3M5S","embedUrl":"https:\/\/www.youtube.com\/embed\/OBjWgSUC-p0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":18}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=OBjWgSUC-p0#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":1}]},"about":["Car Accident"],"wordCount":1009,"articleBody":"Buckling up is one of the best ways to protect yourself from injury if a car accident occurs. For this reason, South Carolina requires all drivers and passengers to wear a seat belt. Still,\u00a0South Carolina state data\u00a0shows that one unrestrained motor vehicle occupant dies every 28 hours in the Palmetto State.Did you get hurt in an accident when you weren\u2019t wearing your seat belt? If so, you may feel concerned about your ability to recover compensation for your injuries. The good news is that failure to wear a seat belt does not prohibit you from filing a personal injury claim in South Carolina. But you can count on insurance companies to try and use your lack of seat belt use against you when settling your claim.At\u00a0McKinney, Tucker & Lemel, LLC, we firmly believe that you should not have to pay for the consequences of a traffic collision that wasn\u2019t your fault. Our car accident attorneys can protect your rights when insurers try to pin the blame on you. Let us help you pursue the money you need to pay your bills and move on with your life. Call or contact us today for a consultation.What is Comparative Negligence in South Carolina?South Carolina\u2019s comparative negligence statute\u00a0means you will be assigned a percentage of fault representing your portion of fault for a wreck.\u00a0To make this determination, the jury or insurance company looks at everybody\u2019s negligence and apportions the blame to each party individually. Your ultimate compensation will be reduced by your percentage of fault.Comparative negligence is a sticking point in many car accident cases where an injured motorist was not wearing a seat belt. If you were not buckled at the time of the crash, the insurance company might argue that your failure to do so contributed to your injuries. However, this tactic is unlawful.\u00a0The\u00a0state\u2019s seat belt law\u00a0says that not wearing a seat belt \u201cis not negligence per se or contributory negligence, and is not admissible as evidence in a civil action.\u201d This means you can sue after a car accident even if you were not wearing your seat belt.Though the insurance company cannot use your lack of seat belt use against you, expect them to look for other reasons to blame you for a crash. If you are assigned 51 percent or more of the fault in an SC car accident, you lose the right to collect any compensation.Example: You were rear-ended by a\u00a0drunk driver. Alcohol impairs a driver\u2019s ability to operate a vehicle safely and is against the law. By choosing to drive while impaired, the other motorist behaved negligently.But suppose that one of your taillights was out at the time of the crash, which made it hard for the other driver to see you. Even though the drunk driver still bears the majority of the fault for the accident, you might also be found partially liable.Continuing the example, let\u2019s say you\u2019re found to be 10 percent at fault while the other driver is 90 percent to blame. If you suffered $100,000 in losses because of the accident, you could still receive $90,000 in compensation \u2014 that is, $100,000 minus your 10 percent share of the fault. The drunk driver cannot seek compensation from you because they bear the majority of responsibility for the collision.Because the success or failure of your claim hinges on a single percentage point in South Carolina, it\u2019s wise to consider hiring a skilled car accident attorney. Lawyers know the tactics insurers use to deny victims fair payouts and will develop a strategy to defend you from unfair claims of fault.How Do You Go About Protecting Your Car Accident Claim?If you sustained injuries in a car accident and you were not wearing your seat belt, you can start protecting your claim immediately after the accident. Here\u2019s what you need to do:Call 911 to report the crash.Take pictures of all the vehicles involved.Look for any potential eyewitnesses and get their contact information.Exchange insurance information with the other driver, but do not discuss the crash with them.Get medical treatment right away. Keep all your medical records and receipts.Do not provide a statement to the insurance company or sign any release forms until you have spoken to an experienced lawyer.Get help from a knowledgeable\u00a0South Carolina car accident attorney.What Should I Do About Filing an Insurance Claim?After car accidents, the path to compensation begins with filing a claim with the at-fault driver\u2019s insurance carrier.\u00a0Your first step is gathering proof of your losses. This documentation includes medical bills, pay stubs, prescription receipts, and vehicle repair and replacement estimates. All of this evidence will substantiate your claim.Next, contact a car accident lawyer. An attorney can look at your information and collect additional proof to build a solid claim for maximum compensation for you.\u00a0Your lawyer can also handle all settlement negotiations with the insurance company so you don\u2019t have to worry about saying or doing something that could jeopardize your claim.What Injuries Could be Caused by Not Wearing a Seat Belt?Failing to wear a seat belt can lead to serious injuries in a motor vehicle collision, including:Internal organ damageInternal bleedingBroken bonesBack and spinal cord injuriesNeck injuriesHead and facial injuriesTraumatic brain injuries (TBIs)People who fail to wear seat belts are also 30 times more likely to be ejected from a vehicle in a crash, according to the\u00a0Centers for Disease Control and Prevention\u00a0(CDC). Most people ejected from cars die from their injuries.Contact a Rock Hill Car Accident Attorney TodayYou deserve compensation if you suffered injuries in a wreck someone else caused. If the insurance company is trying to take advantage of you, get the\u00a0car accident lawyers at McKinney, Tucker & Lemel LLC on your side. Call or contact us online now for an initial case review.Visit Our Rock Hill Car Accident Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can I Sue After a Car Accident in South Carolina if I Was Not Wearing My Seat Belt?","item":"https:\/\/www.mtllawfirm.com\/blog\/car-accident-no-seat-belt\/#breadcrumbitem"}]}]