At Our Firm, Child Safety Is Personal
At Shamieh Law, child safety is personal. Many of our team members are parents, including owner and founder Ramez Shamieh. Zealand is the young son of Ramez. He’s also been named as the honorary Director of Family Law by our firm.
Like most young kids, he’s not the most enthusiastic about being in a car seat and is growing every day. However, we are committed to working with our honorary director on his operational car-riding strategy to keep him safe. Our youngest team member understands that car seat safety is important. He is our positive reminder that taking a few extra moments to ensure children are properly restrained can help you protect what matters most: your family’s safety.
Louisiana Car Seat Requirements by Age and Size
Rear-Facing Car Seats
Under Louisiana Revised Statutes Section 32:295, children younger than age two must ride in a rear-facing child restraint system until they reach the car seat manufacturer’s maximum height or weight limit. The law does not establish any specific universal weight limit for rear-facing seats because those limits vary by car seat model.
Parents should always check the seat label and instruction manual for their specifications to understand how long their child can remain rear-facing.
The National Highway Traffic Safety Administration recommends that children remain in a rear-facing seat even after age two for as long as their seat allows, based on their height and weight. NHTSA describes rear-facing seats as the safest option for young children because they cradle and support the child during a crash. The positioning and support provided by a rear-facing seat help distribute crash forces across the child’s head, neck, and back. This can reduce stress on an infant’s or toddler’s developing neck and spinal cord. for these key reasons.
Forward-Facing Car Seats
Children should transition to a forward-facing car seat only after they have reached the maximum height or weight limit specified by the rear-facing seat manufacturer. After they have outgrown their rear-facing seat limits, they must ride in a forward-facing car seat that has a five-point harness. Children must remain in a forward-facing seat until they reach the manufacturer’s maximum height or weight limits.
The NHTSA also recommends using the seat’s top tether whenever possible if the car seat and vehicle are equipped with the appropriate hardware. A tether helps limit the child’s forward head movement during a crash, which aims to avoid common car crash injuries like whiplash, disc injuries, and TBIs.
Booster Seat Requirements
When a child has outgrown the forward-facing seat’s height or weight limits and has reached age four, Louisiana law requires the child to use a belt-positioning booster seat. The booster must be used with a lap-and-shoulder belt and installed according to the manufacturer’s instructions.
A booster raises the child’s position so the car’s adult seat belt fits across the stronger parts of the child’s body. The lap belt should fit snugly across the child’s upper thighs and lower hips. It shouldn’t be stretched across their stomach. The shoulder belt should cross the center of the child’s chest and shoulder without the belt touching the child’s neck or face.
Children should keep using the booster seat until the adult seat belt fits correctly without it. The NHTSA reports that it is not uncommon for many children between the ages of eight and 12 to still need booster seats so the seat belt fits properly.
When Can a Child Use a Seat Belt Alone?
Under Louisiana car seat laws, a child who is at least nine years old or a child who has outgrown the manufacturer’s height or weight limits for a booster seat can use the vehicle’s adult safety belt, but only if the seat belt fits them correctly.
Under the law, the adult belt fits the child properly when:
- The child can sit all the way back against the vehicle seat.
- The child’s knees naturally hit the lower edge of the seat.
- The lap belt of the seat belt fits snugly across the child’s thighs and lower hips, not the child’s abdomen.
- The shoulder belt crosses the center of the child’s chest, not the neck.
If a nine-year-old, or even a 12-year-old, can’t stay properly positioned for the entire trip without a booster seat, then they should keep using one. Louisiana also generally requires children under 13 to ride in the back seat when it’s available.
What Happens If You Violate Louisiana's Car Seat Laws?
There are consequences for violating Louisiana’s car seat laws. These penalties often include fines and court costs.
Traffic Citations and Fines
Under Louisiana car seat laws, completely failing to secure a child in a car seat is a primary offense. A traffic citation for a primary offense includes monetary penalties based on how many offenses you’ve had. These include:
- First offense: $100 fine
- Second offense: Fines between $250 and $500
- Third or subsequent offense: A $500 fine, plus court costs
Using the incorrect restraint, such as securing a child in a forward-facing seat when you should have used a rear one, is generally a secondary offense that can be cited for only after you were stopped for another kind of moving violation. The fine for a secondary offense is typically capped at $100, including fees and court costs.
Even if your child is riding in a car that isn’t yours, it’s still important that they’re in a car seat or booster seat if it’s legally required. Otherwise, the driver of that car could face legal penalties. Likewise, if you are driving, you are legally responsible for following Louisiana child passenger safety laws.
License Suspension Consequences
In addition to escalating fines for not using the correct child safety seat, repeated violations can result in the suspension of your license.
After a first or second conviction, the Louisiana Office of Motor Vehicles will notify the driver that they must provide a notarized affidavit showing that they have obtained an approved child restraint system. Drivers who don’t provide the required affidavit within 30 days could have their license suspended until they provide the required proof.
After a third or subsequent conviction for not having the correct child safety seat, your license can be suspended for 180 days. Before your driving privileges are restored, you must satisfy requirements for reinstatement, including providing proof that you’ve obtained an appropriate child restraint system.
Common Mistakes Parents and Caregivers Make
Unfortunately, parents often make mistakes regarding child passenger safety laws. Some of the most common errors include:
- Transitioning to the next seat too early
- Incorrect car seat installation
- Loose harness straps
- Improper seat belt positioning
- Using expired or damaged car seats
Additionally, any car seat that is involved in a car accident must be replaced. We know this is expensive, but replacement costs for a car seat can be included in a car accident claim. If your car accident claim has already been processed, some stores offer car seat trade-in options. Alternatively, local businesses and community organizations across Louisiana may be able to help.
What If Your Child Is Injured in a Louisiana Car Accident?
Proper restraint reduces your child’s risk of injury, but doesn’t eliminate it entirely. If your child was injured in a car accident, you can get legal help to recover compensation. To protect and preserve your claim, you should:
- Seek immediate medical care for your child and anyone else in the accident
- Document the accident to the best of your abilities
- Preserve the child safety seat if appropriate
- Understand your legal options
Protect Your Most Precious Passengers With Shamieh Law
At Shamieh Law, we are passionate about protecting our most precious passengers: our children. If you or your child has been injured in a car accident, one of our car accident lawyers can help you assess your potential claims and understand your legal options. Contact us today to learn more about how we can help. You can also give us a call at 337-435-8071 to speak with an attorney in Louisiana who is ready to fight for you.