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The Definitive Guide to Car Seat Safety for Kids

Parents are constantly working to figure out the best ways to protect their children. In the United
States, the biggest safety risk most children face is simply riding in the car. In 2003, the National
Highway Traffic Safety Administration reported that motor vehicle accidents are the leading
cause of death for all children aged two to fourteen years. While it is important for parents to
protect their children from contact sports, illnesses, bullies, and other daily problems, the most
important safety measures you take are often right in your own car.

Our team at Arash Law, led by Arash Khorsandi, Esq., has provided this car seat safety guide to
help ensure your child is appropriately protected every time you hit the road. We hope this will
answer important questions about car seat safety. If your child is injured in an auto accident, be
sure to consult with an attorney as soon as possible. Doing so is the best way to protect your and
your child's important legal rights fully.

Child Safety Seat Checklist


It is important to select a child safety seat that not only suits your child's needs but also fits your
vehicle and is easy for parents and caregivers to use. No single brand is the "safest" or the "best."
The seat that is right for your child will be sized appropriately based upon his or her age, weight,
and height. It will also fit your vehicle’s seats and be compatible with your seat belt and anchor
systems.

The following checklist can help you make appropriate selections when buying a new child
safety seat:

● If you have an infant, be sure that the seat you have selected can be used rear-facing.
(Babies should ride rear-facing until they are two years of age or until they reach the
highest weight or height limit allowed by the manufacturer of her child safety seat. Some
rear-facing child safety seats accommodate infants up to 35 pounds or more.)
● Check that the seat meets the federal motor vehicle safety standard. This information can
be found on a sticker on the side of the car seat.
● Confirm that your child’s height and weight meets the seat’s rating. The height and
weight ratings will be listed directly on the car seat and its packaging.
● Practice with the straps to ensure that the harness is easy for you to adjust. You will be
adjusting the straps many times, and you want to be sure it is easy for you to secure your
child in the car seat each and every time.
● The seat is easy to install in your car.
● If you are buying an infant carrier with a base, be sure to buy a base for each car your
child will be riding in often.

If you are buying a used child safety seat, it is important also to check the following:

● Confirm that the car seat has never been involved in a crash.
● Check that the seat has not been recalled. The National Highway Traffic Safety
Administration maintains a website where you can check for all car seat recalls within the
past ten years.
● Be sure the seat is not too old to be safe. Most manufacturers place an expiration date on
their child safety seats, which is normally around six years.

Car Seat Checks


There are thousands of vehicles on the market and hundreds of ways that various car seats can fit
into each of these vehicles. It's easy to understand why installing and using car seats properly is
so complicated. This is why it is so important to get advice on the fit of your particular car seat in
your particular vehicle. Car seat checks are available across California. When you go to a car
seat check, a trained technician will work with you to teach you the best way to install and
correctly use your child safety seat.

Free car seat fitting stations are held periodically in most areas. They are usually scheduled at
convenient times and locations (such as car dealerships or store parking lots). If you can’t come
to a car seat check, you may be able to contact a child passenger safety technician by telephone
(and sometimes e-mail) with your questions. We recommend you have the safety of your infant
car seat checked for correct installation at an inspection station or a car seat check-up event. By
having a trained technician examine your particular car seat, you can be assured that your child is
getting the maximum protection possible. To find a car seat fitting station or a certified child
passenger safety seat (CPS) technician near you, please visit the National Highway Traffic Safety
Administration or Safe Kids USA websites. You can also call your local police or fire
department's non-emergency numbers, your hospital, or your state highway department.

When having your car seat checked, remember to bring:

● The vehicle your child will be riding in


● Your child safety seat
● Your child safety seat manual
● Your car owner’s manual
● Your child (if possible)
If you have several children that need to be restrained, please bring them with you along with
their child safety seats. A technician can help guide you on the proper placement of each seat in
the vehicle.

How Children Should Progress from Car Seats to Booster Seats


to Seat Belts
Parents often first learn about safety seats when they prepare to bring an infant home from the
hospital. You are often required to have a car seat before you can be discharged from the hospital
after delivering a child. When your baby outgrows the rear-facing infant seat, he or she will need
to switch to a convertible and/or forward-facing seat, and finally, to a belt-positioning booster.
Check out our Car Seat Safety by Age topics to read more about each phase of child safety seats.

Read both your vehicle owner’s manual and car seat instruction manual each time your child
moves to a different type of seat.

1. Infants should ride in a rear-facing car seat until they are at least age two and have
outgrown the height or weight limit on the label of the car seat. Keep them in a safer,
rear-facing position as long as possible. Rear-facing car seats offer the best protection for
a child's head, neck, and spine.
2. Once your child has outgrown the rear-facing car seat, he or she should move to a
forward-facing seat with a harness. The forward-facing car seat should be used until your
child reaches the weight or height limits on the label of the car seat. Remember to use the
car seat’s tether to secure the forward-facing car seat to the car.
3. Once your child exceeds weight or height limits listed on the forward-facing car seat’s
label, they are ready for a booster seat. This chair is used with the vehicle lap and
shoulder seat belt.
4. A child is ready to use seat belt alone when they pass all three of the following tests: (a)
the child’s knees should bend at the edge of the seat when their backs and bottoms are
against the vehicle seat back; (b) the vehicle lap belt should fit snugly across the hip
bones or upper thighs (not the child’s soft, vulnerable abdominal area)); and (c) the
shoulder belt should fits across the shoulder bones and chest (not across the soft parts of
the face or neck.)
5. All children under 13 years of age are safest riding in a back seat.
Car Seat Safety: Premature Babies and Babies with Medical
Conditions
Even with the best prenatal care, your baby will sometimes be born with specific medical needs.
This can occur if the baby arrives early, has a low birth weight, or is born with medical
conditions as the result of genetic anomalies or complications during delivery. When babies have
special needs, hospital staff will want to make sure your baby can travel safely in the car before
you are discharged. Infants born earlier than 37 weeks will often be given a "tolerance test," also
known as a car seat test, to see if they can safely travel in a car seat.

Car seat testing is usually done in the hospital within one week before your baby is ready to go
home. You will be asked to bring in your baby’s car seat, which he will sit in for 90 to 120
minutes or the length of the car ride home, whichever is longer. During the test, the nurse will
monitor your baby's heart rate, breathing, and oxygen level. If your baby passes the car seat test,
he will be able to use the car seat you have provided. If not, the hospital may repeat the same car
seat test until the baby passes it, or recommend a different type of car seat. The American
Academy of Pediatrics (AAP) recommends that medical staff monitor infants with the following
indicators before their first car trip:

● Infants less than 37 weeks gestational age at birth


● Infants of any age who may not tolerate sitting in a semi-reclined position, such as a
rear-facing car seat
● Infants at risk for apnea, bradycardia, oxygen desaturation or obstructive apnea (e.g.,
Pierre Robin Sequence)

If your doctor tells you that your baby needs a car bed, it is likely because of concerns with your
baby’s breathing and heart rate when he or she is semi-reclined in a traditional child safety seat.
Car beds allow babies to lie down while traveling. The doctor may also order a home monitor to
check your baby’s heart rate and breathing.

Car bed safety tips


Always follow the manufacturer’s instructions for your baby's car bed. These guidelines can also
help with proper installation and usage:

● The car bed should be placed in the rear seat so that your baby’s head is in the center of
the vehicle, away from the door.
● Use the vehicle’s seat belt to attach the car bed to the vehicle and be sure that the belt is
tight.
● Place your baby on his or her back, unless otherwise instructed by your doctor. If your
baby's pediatrician recommends that the baby be placed on his or her abdomen while in
the car bed, be sure to check in with your doctor frequently and discontinue this practice
when it is no longer medically necessary.
● If your baby needs a breathing monitor or other equipment, learn how to secure it
properly to prevent it from moving in the event of a collision.
● Someone other than the driver should watch the baby and all monitors while he or she is
in a car bed.
● Limit car rides, especially long trips, until your baby is medically stable enough to switch
to a car seat. If the car ride is longer than three hours, allow for rest stops every two to
three hours so your baby can be out of the car bed for feeding and care.
● Avoid using baby seats, baby swings, bouncy chairs, backpack slings, and infant carriers
until your baby has successfully passed a car seat tolerance test, or your pediatrician says
that it is safe for the baby to be in a semi-reclined position.
● Be sure that all monitors have plenty of battery life before setting off on a car ride. A
good rule of thumb is twice the battery life of your anticipated car ride (for example, two
hours of battery life for a one-hour car ride).
● Secure any portable medical equipment to reduce the risk of it coming loose and hitting
your baby.

Car Seat Safety: Newborn to 2 Years


Newborns face some of the highest risks of injury in a car accident. This is because an infant’s
head and neck are larger in proportion to the rest of the body, and this makes them more
vulnerable to head and neck injuries than older children. This is why it is so important to keep an
infant in a rear-facing child seat until at least the age of two. Rear-facing car seats offer added
protection to the head and neck. Head and neck injuries can cause devastating injuries 0 or even
death. It is important to offer your baby the most protection available every time he or she is in
the car.

The following are some important child safety seat tips for your baby:

● Your infant or toddler should ride in a rear-facing car safety seat as long as possible. Even
after the age of two, they can ride in a rear-facing seat until they reach the highest weight
or height allowed by the car seat. Most convertible seats have limits that will allow
children to ride rear-facing for two years or more. Don't be concerned if your child's legs
bend at the knees or touch the back seat of the car when rear-facing; this will not harm
her feet or knees.
● Always put your infant in a rear-facing child safety seat in the back of your car. A baby
riding in the front seat can be fatally injured by a passenger-side airbag.
● The shoulder straps must be at or below your baby’s shoulders. Child safety seats have
several pairs of harness slots so you can adjust the harness as your baby grows. Make
sure you use the harness correctly by following these tips:

○ The harness must be snug so you cannot pinch a fold in the harness material after
buckling in your baby.
○ The straps should lie flat in a straight line without sagging or twisting.
○ The top of the chest clip should be positioned at armpit level.

● Never put a blanket between your child and the harness straps, or underneath or behind
her. For car travel, don't dress your infant in bulky outerwear; it can interfere with the
tightness of the harness. Instead, place a warm blanket over your child and harness.
● There should be at least one inch between the top of your child’s head and the top of the
rear-facing child safety seat. If the head is encroaching on the top of the seat, it is time to
move up to a larger car seat.

Car safety tips for toddlers


Seat belts are designed for adults - not small children. Children need appropriate car seats in
order to be adequately protected in the event of a collision. These tips can help you select an
appropriate car seat for your toddler:

● Children who have outgrown the weight or height limits for their rear-facing safety
seat should be restrained in a forward-facing safety seat that is secured in the back
seat of a car. This type of seat should be used until the child exceeds its height and
weight limits.
● Some infant seats are designed to face only to the rear. Others are convertible,
meaning they can be adjusted from rear-facing to forward-facing. A convertible seat
can be used for toddlers, but it must be appropriately repositioned to face forward.
Follow all manufacturer guidelines to be sure you have repositioned the chair
correctly. If your infant seat was not convertible, you will need to purchase a new car
seat that is designed to face forward.
● The shoulder straps must be threaded through slots that are at or just above your
child’s shoulders. The harness must be snug so you cannot pinch a fold in the harness
material after buckling in your child. The straps should lie flat in a straight line
without sagging or twisting. The top of the chest clip should be positioned at armpit
level.
● You can further optimize the safety of your forward-facing car seat by using its top
tether strap located at the top of the seat. Attach the seat's top tether strap to the
correct anchor point in the vehicle. Pull to tighten. Check your car owner's manual to
identify the correct anchor point.
● You know your child is getting too tall for his forward-facing car seat when the top of
his ears reach the top of the seat.
● Switch to a booster seat when your child reaches the weight or height limit of the
forward-facing child safety seat. Remember, a child is not ready for a seat belt alone
just because he or she has outgrown the forward-facing car seat.
● Accident research has shown that rearward facing children’s car seats reduce serious
injuries by 92%.

Types of forward-facing child safety seats

Convertible safety seat: A convertible child safety seat can be used in both the rear-facing and
forward-facing positions. Convertible car seats must remain rear-facing until your child is two
years of age or until he reaches the highest weight or height allowed by the manufacturer of his
convertible safety seat. Check your child safety seat manual or seat label for height and weight
limits on your particular model.

Combination child seat and belt-positioning booster seat: You can use this combination seat
with the internal harness until your toddler weighs about 40 to 65 pounds, depending on the seat
model. You can then remove the harness and convert the seat to a belt-positioning booster that
works with the vehicle lap and shoulder belts. For the best protection, use a child safety seat with
a full harness until your child has outgrown the weight and height limits before switching to a
booster seat.

Travel vest: These vests can be worn by children between 20 and 168 pounds and offer an
alternative to traditional forward-facing child safety seats. They are useful when a vehicle has
lap-only seat belts in the rear seats, or for children whose weight has exceeded that allowed by
the child safety seats. These vests may require the use of a top tether.

Built-in child seat: Some vehicles have forward-facing child safety seats integrated into their
rear seats. Many of these seats have a five-point harness system. Some built-in seats convert to
belt-positioning booster seats for older children once the internal harness is completely
outgrown. The height and weight limits vary by car model, so be sure to check your car owner's
manual for this information.
Car Seat Safety: Ages 4 to 8
When used correctly, a belt-positioning booster seat prevents injuries in a crash. A booster seat
raises your child up so that the vehicle's lap and shoulder belt is properly positioned across your
child's hips and chest. Children who don't use booster seats are left vulnerable in their abdomen,
neck, and other soft tissues. If the vehicle seat belt is at a child's belly rather than below the hip
bones and touching the thighs, your child could suffer damage to internal organs, the spine, and
other critical body parts if a crash occurs.

The following booster seat safety tips can help keep your child safe:

● You should use a belt-positioning booster seat in the back seat of your vehicle. Be sure
your child always uses the vehicle lap and shoulder belts along with the booster seat.
● When using a booster seat, make sure the lap belt lies low and snug across your child’s
upper thighs, below the hip bones. The shoulder belt should cross the center of your
child’s chest and shoulder, and not cut across the child’s neck or face.
● Never put the shoulder belt behind your child's back or under her arm.
● Many boosters come with belt guides to make the shoulder belt fit better. High-back
booster seats come with guides, while backless booster seats come with plastic clips.) If
not, use the shoulder belt height adjusters that are built into your vehicle. While "add-on"
belt adjusters are sometimes sold separately from the booster seat, there are no national
standards for these products, and manufacturers do not guarantee they will work with
your particular booster seat.
● If your vehicle doesn't have shoulder belts in the back seat, a dealer can retrofit your
vehicle with seat belt assemblies in the back seat. You should also consider using a travel
vest, which accommodates children up to 168 pounds.
● Your child should be tall enough to sit against the vehicle seat back with his knees bent
without slouching and can comfortably stay in this position throughout the trip.

How to Choose a Self-Positioning Booster Seat

● Let your child help you pick out the booster seat. Ask him to try out seats to find one that
is comfortable. Teach him how to buckle himself up.
● Make sure the booster seat meets national standards. The label should say, "This child
restraint system conforms to all applicable federal motor vehicle safety standards."
● Show your child that the booster will let her see out of the window better and help make
the seat belt comfortable. Tell her that boosters are for "big kids." Don't call a booster seat
a child's seat.
● Explain to your child why he is using a booster seat and not just the car's seat belt. Let
him know that a booster would help keep him safe if a crash occurs.

Avoiding Common Car Seat Installation Mistakes


It is easy for parents to make mistakes when installing car seats or putting their child in a car
seat. Don't get discouraged. There are many manuals, videos, and other tutorials online that can
help you install and use car seats safely. On its website for car seats, the National Highway
Traffic Safety Administration has a guide for how to install a car seat. Many communities also
offer free car seat checks through local law enforcement agencies, parent groups, or safety
councils. Don’t hesitate to get help with any problems you encounter while installing or using a
car seat.

Here are a few tips for avoiding the most common car seat mistakes:

Check the tightness of the installation


A properly installed child safety seat should not be able to move more than one inch in any
direction. Grip the seat at or near the belt path and make sure there is less than an inch of
movement (both side-to-side and outward).

Pay attention to the position of the shoulder straps


On a rear-facing car seat, the shoulder straps should be threaded through slots that are at or
below your baby’s shoulders. For forward-facing seats, the shoulder straps should be at or above
your child’s shoulders. The chest clip should always be at the child’s armpit level.

Perform the pinch test


Once the harness is buckled, test the snugness by trying to pinch extra material on the straps at
the top of your child’s shoulders. If you are able to pinch extra webbing, the harness is too loose.
Make sure to tighten and re-check.

Check the belt path


Convertible safety seats that transition from rear- to forward-facing have multiple slots for
routing the seat belt during installation. Check the instruction manual for your child safety seat to
make sure the seat belt is routed properly based on the direction of the installation.
Use the top tether
You can further optimize the safety of your child safety seat by using its top tether strap located
at the top of the seat. Check your car seat and vehicle manuals for proper use of the tether for
your seat. If the use of the tether is appropriate, tightly attach the seat's top tether strap to the
correct anchor point in the vehicle and tighten. Check your car owner's manual to identify the
correct anchor point.

Statistics Pertaining To Child-Related Traffic Injuries

Traffic accidents are one of the leading causes of death for children in the US. Over 63,000
people were hurt, and 607 children aged 12 and under died in car accidents in 2020. There were
38 percent of the kids killed in car accidents who weren't wearing seatbelts. Parents and other
adults in charge of children can prevent deaths by making sure their kids are buckled in properly
every time they go somewhere.

It is anticipated that 380 kids will be injured every day in traffic accidents in 2020, killing an
average of 3. Based on known restraint usage in 2020, 65% of children riding in a passenger
vehicle with an unrestrained driver were also unrestrained. In 2020, drunk drivers killed 229
(21%) of the 1,093 children killed in traffic accidents.

How Race Affects Children’s Safety

Race and ethnicity


American Indian and Alaska Native children and black children are likelier to be killed in a crash
than white children.

● Child passenger death rates were highest among American Indian and Alaska Native
children (2.67 per 100,000 population), followed by Black children (1.96), according to
combined data from 2015–2019.

Several studies also indicate that it is more common for black children, hispanic children, and
American Indian and Alaska Native children11 to travel unrestrained or improperly restrained
when compared with white children.

● 34% of Black children, 17% of Hispanic children, and 8% of White children ages 4–7
years were not buckled up, according to a study in 2019 where researchers observed
children riding in cars.
Rural versus urban location
Children in rural areas are typically at higher risk of being killed in a crash. According to
combined data from 2015–2019:

● Child passenger death rates were highest in the most rural counties (4.5 per 100,000
population) and lowest in the most urban counties (0.9).
● Death rates among children who were not using age-appropriate restraints were highest in
the most rural counties (2.9 per 100,000 population) and lowest in the most urban
counties (0.5).

Studies also indicate that children in rural areas are more likely to be incorrectly restrained than
children in urban areas.

● A multistate study using data from car seat check events found that child restraint misuse
was more common in rural locations (91%) than in urban locations (83%).

Alcohol-impaired driving

Alcohol-impaired driving is a major threat to all road users, including child passengers.

● In 2020, 24% of deaths among child passengers (ages 14 and younger) involved an
alcohol-impaired driver.
● Among all child passengers (ages 14 and younger) who were killed in crashes, a higher
proportion of those riding with alcohol-impaired drivers were unrestrained (56%)
compared with children riding with drivers who had no alcohol in their system (38%).
● Other studies have also found an association between driver alcohol use and child
passengers being unrestrained.15,16 For example, one study among children under 2
years old who were killed in crashes found that the odds of the child being unrestrained
were 2.2 times higher when the driver had been drinking alcohol than when the driver
had not been drinking.

Car Seat Insurance


Your car seat must be replaced if you've been in a car accident. It is always better to be safe than
sorry, even if you do not believe the car seat is damaged. Car seats can, unfortunately, be quite
expensive. There's a chance that your insurance will cover the cost of replacing your car seat.

Many insurance companies will cover the cost of replacing the car seat after a car accident. The
car insurance company, not the health insurance company, is typically responsible for this. You
should contact your insurance provider if you have concerns about whether your policy includes
replacement car seats.
Ensure your insurance will continue to cover the new car seat after replacing your old one. This
typically doesn't pose a problem. After all, if you need to replace your car, your insurance should
also pay for the new one. Contact your insurance provider for more information if you have
questions about deductibles, co-pays, or any other insurance issues about replacing your car seat.

Child safety seat registration card


There are many product registration cards you might ignore, but it is absolutely critical that you
not ignore your child’s safety seat registration. If you don't, you will not be notified if the child
safety seat is recalled or has other safety problems. Consumer product recalls are often more
extensive when children's products are involved. If you keep your registration up to date, you
will be told about any recalls or other safety issues. If you have moved since you mailed the card,
make sure you call your child safety seat manufacturer or visit the company’s website to update
your address. You can also check for child seat recalls through the NHTSA website.

Call Us Today to Schedule a Free Case Evaluation with a


California Car Accident Lawyer
At Arash Law, we fight hard to protect injury victims’ legal rights. This is especially important
when a car accident injures a child who cannot protect their own legal rights. Parents need the
help of experienced California car accident lawyers who know how to defend children’s rights.
We have over twenty years of experience, and our personal injury lawyers have collected over
200 million dollars for our clients.

Our auto accident attorneys have helped accident victims in San Francisco, Riverside, San Jose,
San Diego, Sacramento, Sherman Oaks, and throughout California. Contact us online or by
phone at (888) 488-1391 to set up a free consultation with an experienced California auto
accident injury lawyer.

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