According to the Centers for Disease Control and Prevention (CDC), one of the leading causes of death for children is car accidents. A great number of these incidents can be prevented, however, according to the CDC. The proper use of car seats for infants reduces the risk of death by 71% and by 54% for toddlers. The use of booster seats for children aged 4-8, reduces the risk of serious injury by 45%, as compared with the use of a seat belt alone. And the use of seat belts for older children reduces the risk of serious injury and death by 50%.
The CDC notes that child restraint systems are often used improperly, citing one study that found that 72% of 3,500 observed car and booster seats were incorrectly used in such a way that they actually increased the risk of injury to a child. Additionally, many parents think that they are using the correct car seat for their child but actually are not.
The CDC recommends:
State by State Requirements
All 50 states and the District of Columbia have laws addressing child seats. Each state may have different requirements for car seats, booster seats and seat belts, so it’s important to know what your particular state's requirements are. For example, the age at which children must be in a child restraint or a booster seat can vary from four years old and younger in South Dakota, to eight and younger in Wyoming. Some states do not indicate a preference for using the rear seat, while some require certain ages to be in the back seat.
Enforcement provisions and fines can also vary from state to state. Some states have primary enforcement laws, meaning drivers can be stopped merely for the child seat violations. Some have secondary enforcement laws, meaning there must be an additional reason to stop the vehicle, although these mainly apply to seat belt laws for older children, as opposed to child restraint laws.
The consequences for failing to use, or improperly using car seats are significant, as the CDC statistics bear out. Additionally, if your child is hurt in a car accident, your failure to properly secure them may affect your ability to recover any damages for their injuries.
How Can I Learn More About My Legal Situation?
Few things are more upsetting to a parent than to see their child get seriously injured or killed in an automobile accident. Often, there are numerous factors at play, including the actions of other drivers as well as the use of safety equipment (such as child's safety restraints). Sometimes, parents can be held liable for not properly securing their child. If you need help sorting everything out, don't hesitate to contact an attorney today for a free initial consultation.
Contact a qualified auto accident attorney to make sure your rights are protected.