Pines Salomon Personal Injury Lawyers | September 3, 2025 | Car Accidents
There is no specific legal requirement in California to replace a child car seat after an accident. However, safety experts and other authorities strongly recommend doing so after a moderate to severe collision. Replacing a car seat after an accident ensures continued protection for your child. Let’s take a closer look at what the NHTSA says about replacing car seats after an accident in San Diego, CA.
When to Replace a Car Seat After an Accident in San Diego, CA
According to the National Highway Traffic Safety Administration (NHTSA), it is recommended to replace car seats after a moderate to severe car accident. However, it is not necessary to automatically replace a car seat after a minor crash.
Minor crashes meet each of the following criteria:
- You can drive the vehicle away from the crash scene.
- The vehicle door nearest to the car seat sustained no damage.
- None of the passengers in the vehicle sustained injuries.
- The airbags did not deploy during the collision, even though the vehicle had airbags.
- There is no visible damage to the car seat.
If any of the above criteria are not met, the car seat should be replaced to ensure the child’s protection. Using a car seat that was involved in a moderate to severe car accident could increase your child’s risk of injury in a subsequent car accident.
Why Replace a Car Seat After a San Diego Car Accident?
Traffic accidents continue to be the number one cause of death among children between the ages of five and 18 years in the United States. Correctly installed car seats significantly reduce the risk of fatal injury in a car accident. Car seats in passenger vehicles reduce the risk of fatal injuries for infants by 71% and by 54% for toddlers.
Even though California car seat laws do not require you to replace a car seat after an accident, you should consider it. An undamaged car seat may still have weakened structural integrity from the collision, which could reduce its effectiveness in a subsequent collision.
The safest course of action is to replace the car seat. If you are unsure, release the car seat. You can also contact a certified child passenger safety technician or the car seat manufacturer for further information.
Using a car seat that has been involved in a crash can be dangerous for a child. Therefore, prevent your car seat from being used or sold by removing the cover, cutting the harness, and using a permanent marker to write “not safe to use – crashed” on the car seat.
California Legal Requirements for Child Car Seats
California law requires children under eight years old to be secured in a booster seat or car seat in the rear seat of a vehicle. When a child turns eight years old or reaches a height of 4 feet 9 inches, they must be secured by a safety belt at a minimum.
Children under two years old must ride in a rear-facing car seat unless they weigh 40 pounds or more or are 40 inches tall or taller. Parents should always check the manufacturer’s weight and height requirements for car seats.
The state does not specify the age at which a child can ride in a front-facing car seat. However, numerous organizations recommend using a rear-facing car seat until the child outgrows the manufacturer’s height and weight requirements for rear-facing seats. The same is true about front-facing child seats. It is recommended to wait until the child outgrows the manufacturer’s height and weight limits to switch to a booster seat.
Protect Your Child After a Car Accident in San Diego, CA
Children injured in car accidents could be entitled to compensation for economic and non-economic damages. The law allows parents and legal guardians to file personal injury lawsuits on behalf of children injured in a car accident. Knowing what to do after a car accident involving your child is crucial to protecting their rights.
Report the accident to the police by calling 911. Your child is your priority, so focus on caring for them. If another adult is with you, ask them to take photographs of the accident scene and gather witness names. Keep the car seat for evidence.
Seek immediate medical treatment for your child after a car accident. Your child may not appear to be injured, but they may be suffering from delayed symptoms.
Contact Pines Salomon Personal Injury Lawyers for a Free Consultation.
If your child has been injured in a car accident, contact Pines Salomon Personal Injury Lawyers for a free consultation with a San Diego child injury lawyer. An attorney can help you understand your child’s legal options after a car crash.
For more information, contact an experienced car accident lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
