South Carolina Seat Belt Law

Seat belts are the law in South Carolina. Jordan Law Center explains the law and how it may affect your personal injury case.

What Is the Seat Belt Law in SC?

S.C. Code § 56-5-6520 makes seat belt use mandatory on public roads. Seat belts are required for drivers and every vehicle occupant.

The seat belt must be federally approved; makeshift devices are not allowed.

Is anyone excused from wearing a seat belt in South Carolina?

The South Carolina seat belt law has some exceptions. They include the following:

• For someone who can’t wear a seat belt for physical or medical reasons; the person must carry a written doctor’s note.
• Emergency medical responders responding to an emergency.
• An injured or sick person in an ambulance or similar vehicle.
• Buses, including school, church, daycare, and public transportation.
• All public transportation vehicles. (Seat belts are required in taxis.)
• Parades.
• U.S. postal carriers.
• If all seat belts in the vehicle are in use by others.
• The vehicle is not equipped with seat belts.

Today, it would be rare for a vehicle not to be equipped with seat belts, as they became mandatory in new cars in the United States beginning in 1968.

Tickets, Fines and Penalties

What is the penalty for failing to wear a seat belt in South Carolina?

A person who fails to wear a seat belt in South Carolina may be fined up to $25. (S.C. Code § 56-5-6540). The fine may not be suspended. There are no extra court costs, assessments, or surcharges.

If a person is also responsible for an occupant in the vehicle, they may be fined up to $50.

Does a seat belt violation go on your record in South Carolina?

No. Seat belt violations are not reported to the Department of Motor Vehicles or maintained in criminal records in South Carolina.

Who gets the ticket for a seat belt violation in South Carolina—the driver or the passenger?

The driver receives a seat belt ticket for themselves and anyone in the vehicle under 17 years old. If someone under 17 has a license or learner’s permit and they are not wearing a seat belt, they receive the fine instead of the driver.

Is it legal not to wear a seat belt in the backseat in South Carolina?

No. Seat belts are required for all vehicle occupants in South Carolina. Regardless of where a person is in the vehicle, they must wear the appropriate seat belt. A person is excused only if they fall under one of the exceptions stated in the law or the back seat is not equipped with seat belts.

Do you have the right to a trial for a seat belt violation in South Carolina?

Yes. If you are charged with not wearing a seat belt, you have the right to a trial or hearing. The burden of proof is beyond a reasonable doubt.

Use in Civil Proceedings

If a person is not wearing a seat belt at the time of an accident, it doesn’t impact civil proceedings.

Is failing to wear a seat belt considered negligence for a South Carolina personal injury claim?

No. Failing to wear a seat belt is not negligence or contributory negligence in a South Carolina personal injury claim.

Does the victim get less damages in a personal injury claim if they weren’t wearing a seat belt in SC?

No. Damages are not reduced in a personal injury claim for failing to wear a seat belt in SC.

Even if the victim would have had fewer injuries if they had complied with the seat belt law, they may claim their full damages.

Is failing to wear a seat belt admissible in a South Carolina civil action?

No. The defense cannot tell the jury that the plaintiff was not wearing a seat belt. They may not argue that damages would be less if the plaintiff had been wearing a seat belt.

When it comes to seat belts and car accident claims, South Carolina follows the eggshell plaintiff rule. The rule is just a way of saying that the person responsible for causing an accident takes the victim as they find them. The defendant must pay full damages, even if damages are higher because of not wearing a seat belt.

Primary Offense—No Click It or Ticket Checkpoints

In South Carolina, a seat belt violation is a primary offense. But law enforcement may not enforce the law with a roadblock or “Click It or Ticket” style campaign.

What does it mean that the SC seat belt law is primary?

The SC seat belt law is primary, meaning that law enforcement can stop a vehicle if they see someone not wearing a seat belt. If an offense is secondary, law enforcement must believe a different law has been violated to stop the vehicle. Then, if they see someone not wearing a seat belt, they could issue a citation. However, because the SC seat belt law is primary, it alone is grounds to stop a vehicle.

S.C. Code § 56-5-6525 prohibits the use of law enforcement checkpoints to enforce seat belt laws.

Children

The South Carolina seat belt law applies to children and adults. Everyone in a vehicle must be lawfully restrained. Children have an additional requirement of also needing the appropriate car seat. The car seat must be properly secured with the seat belt or anchors.

History

South Carolina made its seat belt law primary in 2005. It was a secondary offense before that.

The first South Carolina seat belt law was passed in 1989. Initially, the law applied only to drivers and front-seat passengers. Back-seat passengers were excused if the seat belt did not have a shoulder harness. At the time, only about half of new model cars had shoulder harnesses in the back seat.

Legal Representation

Jordan Law Center gets justice for our clients. We don’t just pursue your compensation—we obtain it. We’re hands-on, and we’re experienced trial lawyers.

If you’ve been hurt in a car accident, the issue of seat belt use shouldn’t reduce your monetary award. Call or message us now for a free consultation.