Questions about seat belt laws? Don't Stress. Call JESS! 803-310-JESS

Seat Belt Laws in South Carolina

Understanding South Carolina Seat Belt Law

Seat belts are critical safety devices designed to protect drivers and passengers in the event of a collision. In South Carolina, there are specific laws and regulations regarding the use of seat belts to promote road safety and reduce the risk of serious injuries. A fastened safety belt is a critical component of vehicle safety.

Drivers are responsible for ensuring that passengers under the age of 18 are wearing seat belts. However, if those passengers possess a beginner’s permit, the drivers are not held responsible for ensuring their compliance. Individuals with a driver’s license or beginner’s permit are held individually accountable for their seat belt violations, impacting fines and enforcement. Here’s what you need to know about seat belt laws in South Carolina:

Who Is Required to Wear Seat Belts in South Carolina?

In South Carolina, the law mandates that all drivers and passengers of motor vehicles must wear a seat belt at all times. This requirement applies to everyone, regardless of their age or position within the vehicle. Whether you’re sitting in the front seat or the back seat, the law is clear: you must wear a seat belt.

It is particularly important for back seat passengers to buckle up, as failing to do so can result in severe injuries or fatalities. Legal requirements in various states, including South Carolina, emphasize the need for all passengers to wear seat belts to ensure safety and compliance with the law.

This regulation extends to all types of motor vehicles, including cars, trucks, and buses. It doesn’t matter if you hold a driver’s license or a beginner’s permit; the obligation to wear a seat belt remains the same. The goal is to ensure maximum safety for all occupants of a vehicle.

However, there are a few exceptions to this rule. Individuals who have a medical condition that makes wearing a seat belt impractical or dangerous may be exempt, provided they have a doctor’s note as proof. Additionally, drivers and passengers in vehicles that are not required to be equipped with seat belts, or those operating on private property rather than public streets and highways, are also exempt from this requirement.

Implications of Not Wearing a Seat Belt

Choosing not to wear a seat belt can have dire consequences. Statistically, not wearing a seat belt increases the risk of fatal injury by up to 45% and the risk of moderate to serious injury by up to 50%. The likelihood of being ejected from the vehicle during a crash, which often results in severe injuries or death, is significantly higher for those not wearing a seat belt.

Properly wearing the shoulder belt, along with the lap belt, is crucial in preventing injuries. Ensure the shoulder belt fits correctly across the shoulder and chest to maximize safety.

The physical risks are substantial, including head and spinal cord injuries, internal injuries such as organ damage and internal bleeding, and broken bones. These injuries can have long-lasting effects on your health and quality of life.

There are also legal implications. If you’re caught not wearing a seat belt, you can be fined up to $25 for a first offense and up to $50 for subsequent offenses. Additionally, points may be added to your driver’s license, which can lead to increased insurance premiums.

Enforcement of Seat Belt Laws

In South Carolina, seat belt laws are rigorously enforced by the South Carolina Highway Patrol and local law enforcement agencies. To ensure compliance, officers employ various methods. They may initiate traffic stops for other violations such as speeding or reckless driving, and set up roadside checkpoints to monitor seat belt use and other safety violations.

If you’re found not wearing a seat belt, you can expect to receive a citation and a fine. Repeat offenders may face additional penalties, including higher fines and points on their driver’s license, which can further impact their driving record and insurance rates.

Special Considerations for Children and Minors

When it comes to children and minors, South Carolina has specific requirements to ensure their safety on the road. Children under the age of 8 must be secured in a booster seat or child restraint system unless they can wear a seat belt correctly. This is crucial for their protection in the event of a car accident.

For children under the age of 17, the law requires them to wear a seat belt or be in a child restraint system, unless they have a valid medical exemption. It’s the driver’s responsibility to ensure that all passengers under 17 are properly restrained. Failure to do so can result in fines and penalties.

Parents and caregivers should also be aware of additional safety guidelines. It’s recommended that children ride in the back seat until they are at least 13 years old due to the risk posed by front seat airbags. Furthermore, children should continue using a booster seat or child restraint system until they can wear a seat belt correctly. Under no circumstances should children ride in a vehicle without being properly restrained.

By adhering to these requirements and guidelines, parents and caregivers can significantly reduce the risk of injury or death for children in the event of a car accident.

Seatbelt Safety Tips and Statistics

All occupants must wear a seat belt: S.C. Code Ann. Section 56-05-6520. Seat belt safety is a critical aspect of road safety, saving lives and reducing injuries.
If someone doesn’t wear a seat belt in a car, they can get fined up to $25. No extra fees can be added to this fine. Wearing seat belts is legally required, and failure to comply can result in fines.
The total fine for one incident can’t be more than $50.
Police can’t arrest someone just for not wearing a seat belt, unless they didn’t show up in court or pay their fine.
Not wearing a seat belt isn’t considered a crime.
If police stop a car for a license, safety, or registration check, they can’t give a ticket just for not wearing a seat belt, unless they find another problem.
Not wearing a seat belt can’t be used as proof of fault in a civil lawsuit.
Police can’t search a car or ask to search it just because someone isn’t wearing a seat belt.
Police can only stop a car for not wearing a seat belt if they clearly see it happen.
If someone is accused of not wearing a seat belt, they can admit it, deny it, or not say anything. If they are found guilty in court, they may have to pay a fine. If someone disagrees with the decision, they can ask a higher court to look at their case.

Reasons you may not have to legally wear a seat belt:

Medical Exemptions: Individuals with medical conditions that make seat belt use impractical or dangerous may be exempt from the seat belt requirement. A doctor’s note may be required as proof of exemption. It is important for all seat passengers, even those with medical exemptions, to understand the critical role of seat belts in ensuring safety.
Postal Workers: U.S. Postal Service workers performing duties that require frequent stops and deliveries are exempt while actively engaged in these tasks. However, the use of safety belts is crucial in preventing injuries, even for individuals who are exempt under specific circumstances.

Get Legal Assistance in South Carolina

If you need legal assistance related to an accident involving seat belt use or lack of seat belt use, contact Jessica Corley Law Firm. Jess can provide guidance on your rights and legal options, ensuring you receive fair treatment under the law. We are dedicated to promoting safety on South Carolina roads and protecting the rights of ALL drivers and passengers alike.

It is crucial to understand the importance of how the law actually impacts your case rather than rely on assumptions or insinuations of law enforcement or insurance adjusters. Our firm can help you navigate the complexities of such cases, ensuring that you are well-informed about your legal responsibilities and the potential consequences of failing to wear a seat belt.

Ready to have Jess get started on your case TODAY?

Click here to get your

FREE case evaluation.