Car accident collisions are among the most common causes of childhood injuries and deaths. Roughly 20% of childhood deaths are caused by motor vehicle accidents. The use of car seats and child restraints is one of the reasons why there has been a decrease in childhood deaths from motor vehicle accidents in recent years.
Studies have shown that the use of child seats significantly reduces the risk of injury and death for children in car accidents. Therefore, states have enacted child restraint laws requiring parents to ensure their children are secure in motor vehicles.
Florida car seat laws dictate the general type of child seat parents must use based on a child’s age, weight, and height.
Overview of Florida Child Car Seat Laws
Florida child restraint laws are straightforward. They also closely mirror the recommendations of experts, government agencies, and organizations like the American Academy of Pediatrics.
According to Florida law, children must ride in a specific type of child seat by their age. The statute requires:
- Children three years and younger must sit in a car seat that is a separate carrier or integrated into the vehicle by the manufacturer.
- Children four and five years old must be restrained in an integrated car seat, a booster seat, or a separate carrier.
- Children six years old and older are not legally required to sit in a booster seat. However, they must wear a seatbelt until they turn 18 years old, regardless of where they are sitting in the vehicle.
The penalties for violating child restraint laws in Florida include a fine and three points on your driver’s license. The court may also require you to attend a child safety program that educates caregivers and parents on correctly using child restraints in vehicles.
Exceptions to the Florida Child Car Seat Laws
Very few exceptions exist for children not being secured in a car seat. For example, a child might not be required to ride in a car seat if they are experiencing a medical emergency. Likewise, if a physician provides a written statement explaining that the child’s medical condition prevents them from using a car seat, the law might not be enforced.
Protect Your Child’s Safety and Their Rights
If your child is injured in a car accident, one or more parties could be liable. A child’s injuries in a car crash may result directly from the impact, but defective car seats or restraints can also play a significant role in causing or worsening those injuries.
After a car accident, a personal injury lawyer will investigate all factors to identify the parties responsible for your child’s injuries to determine who to hold responsible.
Choose the Best Car Seat to Protect Your Child During a Car Accident
Some states include specific types of car seats in their statutes that parents must use. However, Florida laws only provide the ages for car seat laws. Instead, parents must research to determine the best car seat to protect their child when riding in a motor vehicle.
The American Academy of Pediatrics issued guidelines for purchasing and installing car seats. Many states have adopted the guidelines as part of their laws. Others refer to the guidelines for parents to use when choosing a child restraint system.
The car seat guidelines provided by the American Academy of Pediatrics (AAP) include:
- Infants and Toddlers – Use a rear-facing only car seat, convertible seat, or all-in-one seat
- Toddlers and Preschoolers – A convertible or combination seat
- School-aged Children – A combination seat or belt-positioning booster seat
- Older Children – Should always wear seat belts
The AAP states the safest seat for a child in a car is in the middle of the back seat. Children younger than 13 years old should sit in the back seat with a seat belt. Texas requires that children remain in a car or booster seat until age five. However, the AAP recommendations go further.
The AAP recommends keeping a child in a rear-facing car seat until their height or weight exceeds the manufacturer’s recommendations for the car seat. Then, a child transitions into a forward-facing child seat. A child should remain in a forward-facing car seat until their height or weight exceeds the manufacturer’s recommendations.
When a child’s weight and height exceed the limits of a car seat, they can transition into a booster seat. Some booster seats transition from high-back seats with 5-point harnesses to regular booster seats with belt-positioning features.
The key is for parents to read the instructions, recommendations, and warnings for a child restraint system to ensure it is the best system to protect their child. Parents should also check for recalls and register their child’s car or booster seat to ensure they receive notices of recalls or problems.
Contact Our Stuart Child Injury Lawyers for a Free Consultation
If your child is injured in a car accident, the most important priority is their health and recovery. However, do not forget about protecting their legal rights. They could be entitled to compensation for their pain and suffering damages (non-economic) and monetary losses and damages (economic).
An experienced Stuart personal injury attorney fights for your child’s legal rights while you focus on their well-being. Contact our law firm, Kibbey Wagner Injury & Car Accident Lawyers, for a free case evaluation with an attorney. Call us now at (772) 444-7000.
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