Nearly every state has a seatbelt law because evidence shows that proper restraint by a seatbelt saves about 15,000 American lives a year in car accidents. The crash force of an accident turns a 130-pound person into a 7,150-pound force in a car accident at 55 miles per hour. This force propels a motorist forward against the seatbelt which then instantly snaps them back against the seat, causing significant trauma even while saving the motorist’s life by preventing expulsion from the car or a direct impact with the car’s dash or windshield.
Even mild seatbelt injuries can be painful, and more serious injuries may be dangerous or life-threatening if not promptly diagnosed and treated. When a seatbelt malfunctions or has a defective design, the chances of a severe injury increase.
South Carolina Seatbelt laws
South Carolina has comprehensive seatbelt laws requiring all motorists—drivers and passengers—to wear seatbelts, with young children strapped into age and weight-appropriate car seats. The driver of a vehicle is responsible for ensuring that all passengers are properly restrained, except for those passengers over the age of 17 who have a driver’s license or learner’s permit. Exceptions exist only under the following circumstances:
- A motorist with a written verification from their physician that their medical condition prohibits wearing a seatbelt
- School, daycare, and church bus passengers
- Those riding in public transportation vehicles (not taxis or Ubers)
- Mail delivers
- Motorists in parade vehicles
It is not a violation of the South Carolina seatbelt law if motorist is unrestrained in a vehicle that isn’t equipped with seatbelts—such as an antique car or truck—or for a motorist in vehicle in which all seatbelts are used by other motorists.
What Injuries are Commonly Caused by Seatbelts?
Even when seatbelts function correctly, they cause injuries such as the following:
- Shoulder injuries
- Clavicle injuries
- Cracked or fractured ribs
- Chest injuries
- Injury to the intestines
- Hip and pelvic fractures
- Bruises and abrasions
- Aortic rupture (heart injury)
When a car accident victim suffers from several of the above injuries, doctors diagnose them as having “seatbelt syndrome.”
What Are Some Common Seatbelt Defects?
A seatbelt with a defective design may cause injuries that are more severe than typical seatbelt injuries or fail to protect the motorist completely during a collision. Some seatbelt injuries named in defective product claims include the following:
- Poor design, such as improper angle across the chest or hips
- Seatbelt webbing failure
- Seatbelt stitching failure
- Failed seatbelt anchor
- Failed locking mechanism (the seatbelt spools out on impact instead of locking into place)
- Faulty latch or false latching
- Accidental release due to badly placed release mechanism
When a seatbelt defect causes an accident victim to suffer injuries, the injury victim may be able to recover compensation through a defective product claim against the manufacturer of the seatbelt or the vehicle manufacturer.
How Can a Car Accident Attorney in South Carolina Help?
After a car accident, you can recover compensation for medical expenses, lost income, and pain and suffering in a claim against the at-fault driver. If you suffered serious injuries due to a faulty seatbelt, you may be able to recover South Carolina car accident injury compensation through a defective product claim against the manufacturer. Call Marc Brown Law Firm for an evaluation of your case so we can determine the best pathway forward for the compensation you deserve.