Charlotte Injury Lawyers Blog
Child Safety Seat Laws in North Carolina
Traffic accidents can be dangerous. While most crashes are minor, some result in serious injuries or fatalities. Data collected by the National Highway Traffic Safety Administration (NHTSA) shows that an average of three children are killed and 429 children are hurt every day in the United States in traffic accidents. Proper restraint is essential to the safety of children traveling in vehicles. All 50 states and the District of Columbia have child restraint laws in place to help protect children while riding in motor vehicles.
Child Passenger Safety Law
The Child Passenger Safety Law (G.S. 20-137.1) requires all children to be properly restrained while traveling in a motor vehicle. The proper restraint is based on the age, height, and weight of a child under the age of 16. Children ages 16 and over are covered under the regular adult safety restraint laws. It is important to note that the driver is responsible for all passengers under the age of 16. The driver must make sure that every passenger has and uses a seat belt. There are several exemptions to the seat belt law.
Exemptions From the Law
There are several exemptions to the child safety seat laws. Vehicles that were manufactured prior to seat belt laws are exempt. This includes cars made before 1968, and SUVs and cans made before 1972. Ambulances and emergency vehicles are exempt from the child passenger safety law. Another notable exemption states that if all the seats with seat belts are occupied, any remaining children can legally ride without restraints.
Seat Belt and Restraint Requirements
A car seat or booster seat is required for any child under the age of 8 or weighing less than 80 pounds. There is no specific rule in place for the type of child seat needed, but the seat must be used properly and in accordance with the manufacturer’s instructions. Also, safety seats must meet all the federal safety standards that are in place. Children under the age of 5 and who weigh less than 40 pounds must be restrained in the back seat if the front passenger seat has an airbag.
Booster seats must be secured with both lap and shoulder belts and not with the lap belt alone. The only exception to this rule is a child who weighs at least 40 pounds, who can use a booster seat that is restrained only with a lap belt if a shoulder belt is not available. As a child grows, they should progress from using an infant rear-facing car seat, to a standard child car seat, to a booster seat, and finally to a seat belt. Parents need to purchase the correct seat for the child’s age and weight and ensure that it fits in their type of vehicle. Also, make certain that you install it properly and securely to provide the protection necessary.
Drivers are responsible for making sure that all passengers, including children, are using seat belts or other safety restraints according to the law. Drivers may be ticketed for the failure to restrain children. If you or a loved one was seriously hurt in an accident that was not your fault, you may be owed compensation for the injuries. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation with our legal team.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.buckleupnc.org/laws/child-passenger-safety-law-summary/
https://www.nhtsa.gov/vehicle-safety/car-seats-and-booster-seats
Image Credit:
https://www.freeimages.com/photo/baby-in-car-seat-2313276
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC/videos
See Our Related Blog Posts: