Sep 19, 2024

Car Seat Safety & California Laws: Protecting Your Child on the Road

When protecting our children, every detail matters — especially when they’re in the car. Car seat safety is one of the most important precautions a parent or guardian can take to ensure their child is safe while in a vehicle. In California, the law requires specific car seat guidelines to protect children in case of an accident.

California’s Car Seat Laws: What You Need to Know

California law mandates that children must be secured in an approved car seat or booster seat until they meet specific age, weight, and height requirements. These laws are designed to maximize protection for young passengers based on their developmental stages.

Here’s a breakdown of California’s key car seat laws:

Rear-Facing Seats: Infants and toddlers must ride in a rear-facing car seat until they are at least two years old and weigh at least forty pounds or are forty or more inches tall. However, the American Academy of Pediatrics recommends keeping children in rear-facing seats as long as possible—up to three or four years old, depending on your car seat’s weight and height limits.
Forward-Facing Seats: Once your child outgrows their rear-facing seat, they must use a forward-facing car seat with a harness. Children should stay in a forward-facing seat until they weigh at least forty pounds or are four years old.
Booster Seats: After outgrowing a forward-facing seat, children should transition to a booster seat until they are at least eight years old and weigh approximately forty to sixty pounds. California law requires booster seats for children under eight years old and fifty-seven inches (4’9″) in height.
Seat Belts: Children must be at least eight years old or have reached fifty-seven inches (4’9”) in height to use a standard seat belt, but they should still sit in the back seat until they turn thirteen years old for maximum safety.

Why Proper Car Seats Matter

Car seats aren’t just a legal requirement—they’re essential for your child’s safety. According to the National Highway Traffic Safety Administration (NHTSA), car seats reduce the risk of fatal injury for infants by 71% and for toddlers by 54% in the event of a crash.

Improper car seat use can lead to severe injuries, including head, neck, and spinal damage. Even if you’re a cautious driver, other drivers on the road may not be. That’s why it’s crucial to ensure your child is always properly restrained.

Tips for Ensuring Proper Car Seat Usage

Here are a few tips to make sure your child’s car seat is installed and used correctly:

Follow Manufacturer Guidelines: Always refer to the car seat manufacturer’s instructions for weight and height limits, proper installation procedures, and expiration dates. The child shall be secured in a manner that complies with the height and weight limits specified by the manufacturer of the car seat. (California Vehicle Code Section 27360.)
Get a Professional Check: Many local fire departments and police stations offer free car seat checks. Take advantage of these services to ensure your seat is installed correctly. Consider using the two-finger rule… If you can put more than 2 fingers under the harness, it is too loose and could increase the risk of injury to the child in an accident.
Safe Kids Worldwide is a global organization with a vision to protect children from unintentional injuries. They provide car seat installation instructions and other helpful resources to keep children safe.
Buckle Correctly: Make sure the harness is snug and properly positioned. The chest clip should be at the armpit level. Consider using the two-finger rule… If you can put more than 2 fingers under the harness, it is too loose and could increase the risk of injury to the child in an accident.
Transition at the Right Time: Don’t rush to move your child to the next car seat stage. Keep them in the current seat as long as they meet the height and weight requirements. harness, it is too loose and could increase the risk of injury to the child in an accident.

What Happens If You’re Pulled Over Without a Proper Car Seat?

If you’re pulled over in California and your child is not in the appropriate car seat, you could face fines, penalties, and points on your driver’s license. California law enforcement officers take car seat violations seriously, and for good reason—improperly restrained children are at a much higher risk for injury or death in a crash.

Here’s what you could face:

Fines: If your child is not properly secured in a car seat, you could be fined $100 for the first offense and $250 for each subsequent violation thereafter. The court may also order you to attend a community education child seat safety class.
Points on Your License: California operates on a point system for driving violations. Failing to use a proper car seat can result in demerit points being added to your driver’s license, which can lead to further consequences like higher insurance rates or even license suspension. Drivers and parents can receive points on their driving records for each child under 16 who is not properly secured in a car seat.

What Happens in a Crash?

If you’re involved in a car accident and your child is not properly restrained, the consequences can be devastating. Unrestrained children are at significantly higher risk for injury or death, and you could face serious legal and financial repercussions. Here’s what to expect:

Increased Risk of Injury or Death: A child who is not in a car seat or is improperly restrained is much more likely to be seriously injured or killed in a crash. This can result in traumatic injuries that require long-term care or treatment.
Liability: If your child is injured because they weren’t in a proper car seat, you could be held liable for their injuries. Even if another driver caused the crash, failure to properly secure your child could reduce or eliminate your ability to recover compensation in a personal injury claim.
Criminal Charges: In extreme cases, especially if a child is seriously injured or killed due to improper restraint, criminal charges could be filed. Child endangerment laws can apply if your negligence contributed to your child’s injuries.

Stay Safe on the Road with Sam & Ash Injury Law

Car seat safety is vital to protecting your child and complying with California laws. Unfortunately, even with precautions, accidents can still happen. If you or your family has been involved in a car crash, Sam & Ash Injury Law is here to help.

We understand how overwhelming it can be after an accident, especially when children are involved. Our team is here to guide you through the legal process and ensure you receive care and the compensation you deserve. Call us today at 702-820-1234 or contact us here for a free consultation.

Because You Deserve What’s Right — for yourself and for your family.