My Teen Wasn’t Wearing a Seat Belt: Can I Still Sue for Their Car Accident in Atlanta?

Numerous studies have found that teens are statistically less likely to wear seat belts, and the National Institutes of Health (NIH) refers to teenage seat belt use as “unacceptably low.” If your teen was injured in an Atlanta car crash and investigators determine that they were not wearing a seat belt, you might wonder whether you can still sue. This is a question worth exploring with an experienced auto accident attorney.

Georgia Teen Fatally Ejected From Vehicle During Crash

On May 24th, 2026, the Tallahassee Democrat reported that a teen from Georgia had died after being ejected during a car accident. The crash involved an 18-year-old driver (also from Georgia) losing control on US-319 at about 11:00 PM. The vehicle then swerved onto the shoulder and flew into the air after hitting a culvert. After a second impact with a utility pole, the vehicle flipped over and finally came to a stop.

The crash ejected the 17-year-old victim from the vehicle, causing fatal injuries. Authorities noted that this individual was not wearing a seat belt. The 18-year-old driver and another teen passenger were wearing seatbelts, and they survived the crash (albeit with critical injuries). Local officials are continuing to investigate the crash, although it seems to be a clear reminder of the importance of seat belts, particularly among teens.

Tort Reform in Georgia Has Changed the Way Seat Belts Work in Lawsuits

Prior to expansive tort reform in Georgia in 2025, courts were prohibited from even considering seat belt usage during a car accident lawsuit. The defense simply could not bring this subject up, and a teen’s failure to use their seat belt was never a factor.

After tort reform went into effect, courts gained permission to consider seat belt usage when considering “comparative negligence.” In Georgia, courts follow a system of “modified comparative negligence.” In other words, you cannot sue if you (or your teen) was more than 50 percent responsible for their own injuries.

Even if your teen’s level of fault falls below the 50 percent threshold, comparative negligence still has the potential to reduce your family’s total compensation. For example, courts might determine that your teen is 35 percent responsible for their own injuries because they did not wear a seat belt. In this situation, your family’s compensation may drop by 35 percent.

The key priority in this situation is to establish that your teen’s failure to wear a seat belt was not the main cause of their injuries or death. In the aforementioned case, one might argue that the 18-year-old driver was the main cause of the crash. In other words, the fatality would not have occurred if the 18-year-old had maintained control of the vehicle, regardless of seat belt use.

Can an Atlanta Car Accident Lawyer Help Me?

An Atlanta car accident lawyer may be able to help you take action on behalf of your teen after a crash. While courts may consider your child’s failure to wear a seat belt, this “comparative negligence” does not necessarily prevent you from suing. Get a sense of your legal options by contacting Morain & Buckelew, LLC at (404) 448-3146.

Sources: 

pmc.ncbi.nlm.nih.gov/articles/PMC5712453/

tallahassee.com/story/news/2026/05/24/teen-killed-two-injured-in-northeast-tallahassee-crash/90241701007/