Discover The Importance of Car Seat Safety and the Serious Implications of Failing to Properly Restrain Children in Moving Vehicles on New Jersey Roadways
All parents want to do everything they can to keep their children safe. The leading cause of death or severe injuries to children in the U.S. is car accidents. Safety seats for infants can reduce fatalities by 71%, while those for toddlers can reduce them by 54%. Unfortunately, even when child seats are used, up to 46% aren’t correctly installed or are misused. It is tempting to want to hold a fussy baby or child for that quick ride to the grocery store, but it is dangerous and illegal. More than 8,200 tickets were issued in New Jersey last year for child seat infractions despite New Jersey’s Department of Transportation efforts to educate families regarding car seat safety. Worse yet, countless children suffer injuries when improperly restrained in motor vehicles and accidents occur.
From Car Seats To Seat Belts: A Child’s Journey According to New Jersey Regulations
Several stages of car seats must be used throughout a child’s life. Children aged 2 and under, weighing less than 30 pounds, must be in a rear-facing seat with a five-point harness. Children under 4 who weigh under 40 pounds can use a rear or forward-facing seat. Once the age or weight limit is crossed, a forward-facing seat with a five-point harness must be used. Once children have outgrown a car seat’s height and weight limits, they can transition to a booster seat secured with a seatbelt. At the age of 8, children can use a normal seat belt.
The Crucial Role Of Car Seats and Seat Belts in Protecting Children During Accidents
The most valuable impact car seats have on our children is that they significantly reduce the chance of severe injury or death in an accident. Children who occupy the correct car seat and are placed according to the manufacturer’s instructions are 71% more likely to survive a crash than those who do not. Safety seats prevent children from opening and closing windows, unlocking and opening doors, or creating other distractions for the driver.
Seat belts, when used properly, are also important. Any restraining device will secure the occupants in an ideal position, while those who are not restrained can be thrown about the inside of the vehicle or ejected from it. According to the Insurance Institute for Highway Safety, fatalities occur most often when someone is ejected from the vehicle. Restraints also distribute the crash’s impact in a way that protects the head and torso.
Potential Consequences of Improperly Securing a Child in a Vehicle under NJ Law
New Jersey law assesses a fine of $75 per child for an infraction. No points are added to the driver’s license. But beyond getting a ticket, the consequences for not properly securing a child in a moving vehicle go far beyond a ticket. A car accident involving two vehicles going 25 mph occurs in a split second. There is no time to hold or protect a child from the impact. The inertia of the crash can eject passengers through the windshield or slam them into the dashboard, causing life-threatening injuries.
An unrestrained occupant will absorb the full impact of the energy of the crash on their body. A restrained child or passenger in a seatbelt will be prevented from moving forward with the car’s inertia. Properly using a car seat or seatbelt can make a difference between life and death, even involving such a low speed. For these reasons, parents who choose not to restrain their children in car seats or seat belts properly can also be accused of negligence.
Leading Parental Errors with Children’s Car Seats and Boosters
Parents are prone to some of the most frequent errors regarding car seats, often exposing their children to serious harm in moving vehicles unknowingly.
1. Reusing old or damaged car seats
Car seats are expensive, and sometimes, parents recycle a car seat they used with their other children or one they got from a family member. Car seats have an expiration date and should not be used after that. Additionally, a car seat used in an accident should not be used again. The wear and tear after the passage of many years or the strain placed on a car seat in an accident makes them unsafe to use. If cost is a problem, many charitable organizations can offer financial assistance.
2. Prioritizing price over safety features
Sometimes, parents are guided more by the price than the characteristics of the car seat. A proper car seat that complies with the Federal Motor Vehicle Standard will have a notice sticker. The basic instructions for the car seat’s use should be on the seat itself and in the manual. The manufacturer and distributor’s names and the manufacturing date must be on the seat. This information is beneficial when there is a recall.
3. Incorrect harnessing and fit
Parents must buckle the child tightly. They must also remove heavy or thick clothing, such as puffy jackets or winter playsuits, which may make the belts too loose, decreasing the seat’s efficacy. Not adjusting the seat as the child grows or using a seat that is too small also affects the seat’s ability to keep a child safe.
4. Improper installation and securing:
Another mistake is improper installation of boosters or car seats or improper seat belt positioning. Sometimes, parents are in a hurry and choose not to secure the car seat entirely. It is imperative to anchor rear-facing seats and tether forward-facing seats. In an accident, the seat can be tossed around the car’s interior or even ejected completely.
Get Personalized Guidance from New Jersey Accident Lawyers
Suppose you or your child were injured in an accident despite having taken all of the essential security measures, including following New Jersey’s strict laws related to children’s car seats and restraints. If you or your child has been harmed because of a negligent driver, our experienced personal injury attorneys at Cohen & Riechelson are here to help. We can create a plan to obtain the resources you need to heal and recover.
In addition, you use a car seat to protect your child in case there is an accident. You expect it to keep them safe from injury and harm, trusting that the seat’s design and manufacture meet the necessary standards. If your child is injured in an accident due to a faulty car seat, our attorneys may be able to seek compensation by filing a product liability claim on your behalf. We proudly serve clients in Mercer County, Middlesex County, Burlington County, and throughout New Jersey, including in Princeton, Trenton, Hamilton, West Windsor, Titusville, and surrounding areas.
Contact us today to learn more about your legal options and how our team can assist with asserting your rights. Call (609) 528-2596 for a completely free and confidential consultation.
