Vehicle manufacturers design crash protection systems, such as airbags and seat belts, to work for adults. As a result, young children need to sit in specially designed car or booster seats to protect them in a crash.
Florida law requires parents and guardians to ensure their children sit in age- and size-appropriate car or booster seats. Correctly using a child safety seat can reduce the risk or severity of injuries children might suffer in a car accident. Fortunately, state and federal motor vehicle regulators provide resources to find and correctly install appropriate child restraint systems to maximize children’s safety while on the road.
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What Are Florida’s Car Seat Laws?
Under Florida’s car seat laws, infants and toddlers up to age 3 must sit in separate infant car seats or a vehicle manufacturer’s integrated child seat. Children aged 4 and 5 must sit in a separate car seat, integrated car seat, or booster seat appropriate to their height and weight. Children should continue to sit in booster seats after age 5 until they reach a height where the seat belt sits appropriately across their shoulder, chest, and lap. The shoulder belt should not cross the child’s neck or face, and the lap belt should not lie across the stomach.
Are There Exceptions to Florida’s Child Seat Laws?
Florida’s child car seat statute recognizes several exceptions where a child does not have to ride in a child restraint system or booster seat:
- When a driver other than a member of the child’s immediate family transports a child in their vehicle for free
- When a child requires transport for a medical emergency
- When a child has a documented medical condition that keeps them from sitting in a car or booster seat
In addition, various types of vehicles do not qualify as a “motor vehicle” where a child must sit in a car or booster seat, including:
- School buses
- Buses, taxis, limousines, motor coaches, or other passenger vehicles used to transport people for compensation
- A farm tractor
- A truck with a gross vehicle weight rating of over 26,000 pounds
- A motorcycle, moped, electric bicycle, or bicycle
What Are the Penalties for Violating Florida’s Child Seat Laws?
Drivers with child passengers who are not correctly secured in a car or booster seat may receive a citation that can impose a fine and three points on the driver’s record. However, a driver who violates the law may choose to participate in a child restraint safety program. Once they complete the program, the court may waive the fines and points for the violation.
How Do You Safely Use a Car Seat?
There are several factors to keep in mind when using a car seat. To keep your child safe in case of a crash, you should know the following.
Car Seat Standards
Drivers should ensure that the car or booster seats they use meet the current version of Federal Motor Vehicle Safety Standard 213. The National Highway Traffic Safety Administration (NHTSA) has a database of recommended car seat models appropriate for a child’s age, height, and weight. The NHTSA also allows parents and guardians to sign up for email alerts for recalled child safety or booster seats. Most manufacturers allow owners to register their seats to receive safety or recall notices, as well.
Outgrowing Car Seats
Parents and guardians should only use new car or booster seats appropriate to the child’s age, height, and weight. They should switch to larger seats once the child exceeds the manufacturer’s stated height and weight limits for their current seat.
Children under 2 should sit in rear-facing car seats installed in the backseat. When a child turns 2 and outgrows the size limits of their rear-facing car seat, they can transition to a forward-facing car seat installed in the back seat.
Once a child outgrows their forward-facing car seat, usually around age 4 or 5, they should transition to sitting in a booster seat. Booster seats raise a child’s seating position so they can use the vehicle’s manufacturer-installed seat belt in the correct position. Children should continue to sit in booster seats until they grow tall enough for the seat belt to sit correctly across their body. Children should also continue to sit in the vehicle’s back seats until age 13.
Installing Car Seats
Parents and guardians learning to install car seats for the first time can go to a car seat inspection station. The NHTSA has a directory of nearby inspection stations. At an inspection station, a certified technician can inspect a car or booster seat for appropriateness and demonstrate how to install and use it correctly, free of charge.
When to Replace a Car Seat
Parents and guardians should never use a second-hand or expired car or booster seat. Parents should also replace seats after a moderate or severe accident, which can include:
- An accident in which the vehicle’s airbags deployed
- An accident where a point of collision occurred next to the car or booster seat
- A collision that caused visible damage to the car or booster seat
- An accident where a passenger suffered injuries
- A wreck that leaves the car unable to be driven away
How Do Car Seat Laws Apply in Florida Car Crashes?
Florida’s child restraint law states that failing to use a child passenger restraint system does not constitute comparative negligence in a car accident claim. This means a defendant may not use a driver’s failure to use a child restraint system as evidence of negligence in a civil action. As a result, a child injured in a car accident in which their parent or guardian failed to place them in a car seat may have the right to seek full financial recovery.
Contact a Florida Car Accident Lawyer
When you’ve suffered injuries in a car accident, you need strong legal representation to pursue financial recovery from those responsible for causing the crash. Contact Zervos & Calta, PLLC today for a free consultation to learn how a Florida car accident lawyer can help you demand the compensation and justice you deserve.
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About the Author
Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.
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