Pines Salomon Personal Injury Lawyers | February 21, 2025 | Car Accidents
In California, understanding when children can safely and legally sit in the front seat of a car is crucial for their protection. While state laws provide specific guidelines, safety experts offer additional recommendations to ensure young passengers have as much protection as possible in the event of a car accident.
Here’s what all parents and guardians in California should know to protect kids in an accident.
When Can A Child Sit In The Front Seat?
Children in California can sit in the front seat of a vehicle when they are at least eight years old according to VEH § 27360. However, most safety organizations, including the American Academy of Pediatrics, recommend that children stay in the back seat until they are at least 13 years old.
Front airbags are designed for adults and reduce the risk of serious injury. However, they can pose significant risks to younger passengers in the event of a collision. Younger kids in the front are vulnerable to severe injury or death if an airbag deploys.
The safest place in a vehicle for children is the middle of the backseat. This reduces the risk of direct impact with the interior of the vehicle, an airbag, or other hard surface in a crash. A front airbag deploys at close to 200 mph for up to 18 inches. In a crash, young children in the front seat have a high risk of facial fractures, brain injuries, and internal injuries from the airbag alone.
Seat belts are designed to fit an adult and transfer force to the strongest bones in the body. The belt should sit across the shoulder, not against the neck, and across the pelvis and lap, not the lower abdomen. When a child isn’t tall enough and their bones aren’t well-developed, a seat belt alone can also cause serious or fatal injuries.
California law does allow children under eight to sit in the front seat in certain circumstances:
- The vehicle has no rear seats
- The rear seats are rear-facing or side-facing
- The safety seat cannot be installed properly in the rear seat
- All seats in the back are occupied by children under eight
- Medical reasons requiring the child sit in the front seat
If a child must sit in the front seat, the NHTSA recommends turning off the passenger airbag because the risks outweigh the benefits. A rear-facing safety seat should never be placed in front of an active airbag.
California’s Child Passenger Safety Laws
California has three child safety restraint laws for parents and guardians to follow:
- Children under two must be in a rear-facing safety seat until they weigh at least 40 pounds or reach a height of 40” or taller. (VEH § 27360)
- Children under eight must be secured in an approved safety seat or booster seat in the back seat of the vehicle. (VEH § 27363)
- Children who are eight or older, weigh at least 40 pounds, or have reached a height of 4’9” may be secured with a safety belt alone in the back seat without a booster or car seat (VEH § 27363)
- All passengers 16 and older must be restrained by a safety belt (VEH § 27315)
Children should always be secured correctly in a car seat or booster seat that complies with the manufacturer’s weight and height limits.
Safety Recommendations
While the law sets minimum requirements, adhering to the following safety recommendations can provide additional protection for child passengers:
- Keep children in the back seat until they are at least 13 years old
- Choose the right car seat or restraint system for your child’s age, height, and weight
- Do not transition children to the next type of safety restraint system until they reach the height or weight limit for their current restraint
- Do not transition a child to a seat belt alone until they are tall enough for the belt to fit properly
- Follow manufacturer’s guidelines to ensure a safety restraint system is correctly installed
Nearly half of car seats are not used or installed correctly. You can visit your local California Highway Patrol (CHP) office for a child safety seat check. A child passenger safety technician can make sure your car seat is installed properly and teach you how to install and use the seat.
While California law permits kids to sit in the front seat at eight years old, prioritizing their safety by keeping them in the back seat until at least age 13 is highly recommended. Always use the appropriate restraint system and follow safety guidelines to ensure your children are as safe as possible if an accident occurs.
Contact the Car Accident Lawyers of Pines Salomon Injury Lawyers in San Diego, CA, for Help Today
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