Protecting Your Child's Rights: California's Car Seat Laws Explained
Posted on 12th January, 2025
At OZ Law, we've represented numerous families affected by negligent drivers in California. Understandably, after an accident, the first thought in a parent's mind is often concern about the welfare of their minor children.
As your trusted personal injury advocates, we want to ensure you understand California's child passenger safety requirements to protect both your children and your legal rights.
Critical Requirements You Need to Know
Our legal team has extensive experience handling cases involving child passenger injuries. Based on our courtroom expertise, here are the mandatory requirements under California law:
Children Under 2 Years
If your child is under 2, the law mandates a rear-facing car seat unless they meet specific size requirements (40+ pounds or 40+ inches tall). In accident cases we've handled, proper rear-facing restraint has proven crucial in preventing severe injuries.
Children Under 8 Years
Your child must be secured in either a car seat or a booster seat in the back seat. We've seen devastating cases where front-seat placement led to preventable injuries - don't take this risk.
Children 8+ Years or 4'9" Tall
While regular seat belts become legal at this point, our litigation experience shows that proper fit is critical. We recommend following the seat belt fit test to avoid potential liability:
- The lap belt must rest across the upper thighs.
- The shoulder belt must cross the shoulder and chest.
Important Safety Guidelines
- Back seat placement is strongly recommended for children under 13.
- School buses manufactured after July 2005 (small) or July 2004 (large) must have seat belts.
- Violations start at $100 and increase with subsequent offenses.
Legal Implications and Your Rights
As personal injury attorneys, we've witnessed the devastating impact of non-compliance with these laws. Courts take these regulations seriously, and violations can:
- Significantly impact liability in accident cases.
- Affect insurance claims and settlements.
- Result in substantial fines and penalties.
Statistics show proper restraint systems reduce fatal injuries by up to 71% for infants and 54% for toddlers. However, if your child has been injured due to another driver's negligence - even with proper restraints - you may be entitled to compensation.
Need Legal Assistance?
If your child has been injured in a vehicle accident, contact OZ Law immediately.
Our experienced team of personal injury attorneys specializes in child passenger safety cases and will fight to protect your family's rights.
This information is provided as general guidance and should not be construed as legal advice. Each case is unique and requires individual evaluation by a qualified attorney.