California child car seat laws can be complex, but the principles are straightforward. In San Diego, California, drivers must secure children in appropriate child restraint systems until they reach eight years of age or four feet, nine inches in height.
A car seat could save your child’s life in a car accident. However, your child could still suffer injuries even when secured in a restraint system. Take a closer look at California’s most notable car seat laws and learn how a San Diego car accident lawyer from Pines Salomon Personal Injury Lawyers can help you pursue compensation for your child after a crash.
If you’ve been injured, contact us today at (858) 551-2090 for a free consultation.
How Pines Salomon Personal Injury Lawyers Can Help After a Car Accident in San Diego, CA
Pines Salomon Personal Injury Lawyers has recovered over $100 million in essential compensation for accident victims throughout San Diego, CA. With over 80 years of combined experience, our lawyers fight at-fault parties and insurance companies for fair settlements and court awards.
When you suffer an injury in a preventable incident resulting from another party’s negligent or intentional behavior, we provide the following assistance:
- Review your situation and discuss your legal options for financial recovery
- Gather your medical records and other evidence to prove your case
- File an insurance claim and pursue compensation for your losses
- Litigate against at-fault parties and insurers that do not agree to settle fairly
A car accident involving your child can threaten their health and financial security. Contact Pines Salomon Personal Injury Lawyers today to request a free consultation with our San Diego personal injury attorneys to learn how we can help you secure resources for your child’s future.
California’s Child Car Seat Requirements
California’s child car seat requirements encompass several statutes.
According to the California Highway Patrol (CHP), you will need to restrain your child as follows if you drive in the state:
Rear-Facing Car Seat
You must use a rear-facing car seat from birth. Rear-facing car seats support the child’s head and neck by placing them on their back. Moreover, since the child’s head points toward the front of the vehicle, it does not whip forward during a sudden stop. Instead, the child slides on their back into the five-point harness.
The child should remain in a rear-facing car seat until they turn two years old. However, the law allows them to move up to a front-facing car seat if they are more than 40 pounds or 40 inches before age two.
Front-Facing Car Seat
A front-facing car seat allows the child to sit up while still providing additional protection in a crash. The seat includes an integral five-point harness that secures the child’s chest, shoulders, and waist in the seat. During an accident involving a child, the harness prevents the child from being ejected.
Children must use a front-facing car seat until they turn eight years old or grow beyond four feet, nine inches tall. The law allows exceptions for medical conditions that make the restraint system dangerous or impractical.
Booster
Your child can graduate to a booster seat when they turn eight or grow taller than four feet, nine inches. However, California does not require booster seats as an intermediate step before using vehicle seat belts. This means you could use a seat belt without a booster legally in California.
Regardless of whether the child uses a booster or seat belt, children under eight still need to ride in the rear seat of the vehicle. The law provides exceptions when the vehicle has no rear seats, or the rear seat is filled with other children under eight.
However, doctors and traffic experts generally recommend using a booster. This seat lifts the child so that the shoulder belt crosses the child’s chest rather than their neck and the lap belt crosses their hips rather than their abdomen. These seats reduce the risk of a neck or abdominal seat belt injury.
Liability for Child Injuries
Unlike many states, California does not insulate parents from liability for failing to secure children in car seats. Specifically, in California, at-fault drivers can reduce their liability using a doctrine called comparative negligence.
For example, suppose your child was not in a car seat when your vehicle was hit by a distracted driver who was texting. Although the distracted driver clearly caused the accident, they can raise the defense that your carelessness in securing your child contributed to their injuries. Your child’s compensation might then be reduced by your share of the blame.
Contact Our San Diego Car Accident Attorneys for a Free Consultation
Car seat laws serve to protect young passengers, but your child can still be injured in a crash even if you follow all legal requirements. If your child suffered injuries in a collision, the skilled team at Pines Salomon Personal Injury Lawyers may be able to fight for compensation on their behalf. Contact one of our San Diego car accident attorneys to schedule a free consultation and explore your legal options today.
