Texas law requires child passenger safety seat systems. All drivers who are traveling with small children in Texas must properly restrain them in motor vehicles. However, drivers must use the correct car seats based on a child’s age, weight and height. If you do not properly restrain your child, you could face a misdemeanor and a fine. Make sure to speak with an experienced car accident attorney in San Antonio for help.
What Are the Car Seat Laws in Texas?
Texas Transportation Code § 545.412 makes it mandatory to use a child passenger safety seat system when transporting a child who is less than 8 years of age in a passenger vehicle. If the child is taller than 4 feet, 9 inches, the child does not have to be secured in a safety seat system, even under the age of 8. However, the child must use a seat belt.
A driver must keep a child passenger secured for the duration of the drive according to the instructions of the manufacturer of the safety seat system. In an emergency, Texas makes an exception to the car seat law. If an individual was operating a vehicle in an emergency or for law enforcement purposes, it is a defense against punishment for failing to restrain a child.
There are also exceptions to the car seat law for people who are transporting passengers for hire, such as rideshare drivers, as well as in vehicles where all seats with seat belts and car seats are occupied. Breaking Texas’s car seat laws can result in a misdemeanor charge and a fine of up to $250 per infraction.
What Is the Right Type of Car Seat for My Child?
A “child passenger safety seat system” under Texas law refers to an “infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration (NHTSA).” The right safety seat system for your child depends on his or her size more than age.
According to the NHTSA, the following is best practice for car seat types:
- Rear-facing car seat: birth to at least 12 months. A rear-facing seat should be used as long as possible within the height or weight standards provided by the manufacturer. This could last until around age four.
- Forward-facing car seat: 4 to 7 years old. Once the child outgrows the rear-facing seat, he or she should be placed in a front-facing car seat. This car seat should have a harness or tether.
- Booster seat: 8 to 12 years old. After outgrowing a front-facing seat, a child should use a booster seat, which will lift them to the correct height to use a standard seat belt. The belts should lie snugly across the child’s shoulder, chest and upper thighs.
- Seat belt: 13 and older. Only when a child is at least 4 feet, 9 inches tall should they graduate to a seat belt. Children should be kept in the back seat until at least age 12 for safety reasons.
Always choose the child seat system that is appropriate for your child’s size and weight. Follow the manufacturer’s instructions. Do not prematurely transition to a different type of car seat or booster seat while your child remains within the standards of the previous seat. Wait until your child reaches the correct height for optimal safety in an accident. Make sure to speak with a personal injury lawyer in San Antonio if you or your child were injured in an accident.
Free Child Safety Seat Checks in Texas
The NHTSA states that as much as 46 percent of car seats are not used correctly – putting children at risk of serious harm in automobile accidents. Texas hosts events where parents and guardians can have their child restraint systems checked by authorities to ensure they are properly installed and used. You can find the event closest to you through the Save Me With a Seat campaign. Contact us today for a free consultation.