From the day you bring your child home, they must ride in the proper car seat until they are old enough to safely use a seat belt. The seat must be correctly installed. Using the right safety seat protects children in a car accident, and Texas law requires them to be secured in an appropriate car seat or booster seat while riding in a vehicle. If you have a child, from the day you bring them home, you need the right car seat until they’re old enough to wear a seat belt. The car seat must be properly installed.
The proper seats for different ages are:
- Infants and toddlers: Children should ride in a rear-facing car seat until they reach the maximum height or weight limit set by the manufacturer. Safety experts recommend keeping children rear-facing until at least age 2.
- Toddlers and young children: After outgrowing a rear-facing seat, children should use a forward-facing car seat with a harness for as long as possible, up to the manufacturer’s weight or height limit. This can include children younger than 2 who have outgrown their rear-facing seat.
- Ages 4 to 8: Once children outgrow a forward-facing seat, they should ride in a belt-positioning booster seat. Under Texas law, a booster is required until a child is 8 years old or 4-foot-9 in height. Safety experts recommend using a booster until the seat belt fits properly across the lap and shoulder, even if the child has reached one of those milestones.
Car Seat Laws in Texas
Texas law requires children under 4 feet 9 inches tall and younger than 8 years old to be in the appropriate child safety seat for riding in a vehicle.
In Texas, if a child is 8 years old, they can only use the adult seat belt, even if they’re not 4-foot-nine, but it’s safer if they use a safety seat system until they reach that height.
There are different car seats, and times to use them. The recommended seats are:
- Rear-facing car seat: Children should remain rear-facing until they reach the maximum height or weight limit allowed by the car seat manufacturer. Safety experts recommend keeping them rear-facing until at least age 2, and never turning them forward before their first birthday.
- Forward-facing car seat: Once a child outgrows the rear-facing seat, they should ride in a forward-facing car seat with a five-point harness until they reach the height or weight limit set by the manufacturer, which is often between 40 and 65 pounds.
- Booster seat: After outgrowing a forward-facing seat, children should use a booster seat until the adult seat belt fits correctly. Under Texas law, this is required until the child turns 8 years old or is at least 4’9” tall.
Texas Booster Seat Laws
More than 300 children under the age of five were saved by their car seats in 2017, according to the National Highway Traffic Safety Administration. Having the right car seat installed for your child can keep your child safe in case of accidents, which can save their life.
If a person is driving with a child under eight years old in the vehicle in Texas, the child must be in an appropriate safety seat for their age and height. If you’re worried your car seat isn’t installed properly, the Texas Department of Transportation provides free car seat checks at its district offices.
Some of the differences between the last tier of safety seats, booster seats, are:
- High-back booster: Provides a back and headrest while raising the child so the seat belt fits correctly.
- Backless booster: Raises the child so the seat belt fits but does not offer head or back support. Best used in vehicles that already have headrests or high seat backs.
- Combination seat: Converts from a forward-facing car seat with a harness into a booster seat.
- All-in-one seat: Transitions from a rear-facing seat to a forward-facing seat, and later into a booster seat.
Seat Belt Laws for Children in Texas
Once a child is 8 years old or at least 4-foot-9, Texas law allows them to use the vehicle’s seat belt instead of a booster seat. Safety experts recommend keeping children in a booster until the belt fits properly across the lap and shoulder. The lap belt should rest across the upper thighs, and the shoulder belt should lie snug across the chest. Children should ride in the back seat until at least age 12, when it is generally considered safe to move to the front.
Even with the right seat, correct installation is critical. The National Highway Traffic Safety Administration reports that about two out of three child safety seats are used incorrectly.
Texas law requires everyone 15 and older to wear a seat belt when seated in a position that has one. Drivers can also be cited if passengers younger than 17 are not buckled.
Penalties for Violating Car Seat and Booster Seat Laws
In Texas, driving with a child in the car who is not secured in an appropriate safety seat for their age and height is a misdemeanor. This offense can result in a fine between $25 and $250.
A person cited for this offense may have the misdemeanor dismissed if they show the court that they were not arrested or cited for any other violation, did not already own a child safety seat system, the vehicle was not involved in a collision, and they have since obtained the proper child safety seat.
Determining the best car seat for your child that fits your vehicle is critical, and so is installing the seat. Having a child in the proper seat can save their life in a car accident.
Contact a Texas Car Accident Lawyer
If you’re trying to understand Texas’s laws around seat belts and child passenger safety, our attorneys can help with a free consultation. Unlike other firms, we quickly start on a client’s case using advanced technology to provide fast answers. We’re ready for the client to call us so we can deliver results. You won’t pay any legal fees unless we win your case.
Getting in a car accident with your child in the car can be terrifying and leave you wondering what’s next. Dealing with a case like this can be difficult, but we will do everything possible to protect your child’s rights.
If you or your child have been injured in a car accident, contact us today at Shamieh Law or call 469-813-7332 for your free consultation.