Injured in a Crash? What NC Car Seat Laws Mean for Your Claim

child on a car seat

Our children are our most precious cargo. We want to ensure they remain safe and secure while traveling in a vehicle. Accidents can happen at any time – especially in North Carolina, where approximately 677 accidents occur every day. That’s why North Carolina lawmakers passed the Child Passenger Protection Law in 1982 and have amended it multiple times since then. 

To learn more about weight requirements and car seat laws in North Carolina, continue reading, but if you or your child has been injured in an accident, contact us today for a free consultation.

Booster Seat Requirements in North Carolina

According to North Carolina law, a child under the age of eight and less than 80 pounds must be properly secured in a weight-appropriate car seat. A child under the age of five and less than 40 pounds must be properly secured in a rear seat in vehicles with an active passenger-side front airbag.

The law does not specify which type of car seat a child must use at certain ages or weights. However, the National Highway Traffic Safety Administration (NHTSA) recommends the following:

  • For birth to 12 months – Infant-only rear-facing car seat
  • Ages 1 to 3 years – Rear-facing car seat until the child reaches the top height or weight limit allowed by the car seat manufacturer, then transition to a forward-facing car seat
  • Ages 4 to 7 years – Forward-facing car seat with a harness and tether until the child reaches the top height or weight limit allowed by the car seat manufacturer, then transition to a booster seat
  • Ages 8 to 12 years – A child should remain in a booster seat until they are big enough to fit in a seat belt properly

Child Car Seat Infographic banner

North Carolina’s Seat Belt Requirements

Drivers must ensure that all passengers under 16 wear seatbelts, regardless of their seating position. Police can still stop and ticket drivers if they see them traveling with unsecured child passengers. Breaking this law can result in a $25 fine and two points on your driver’s license.

Common Mistakes Parents Make with Car Seats

Even parents who try to follow car seat laws can make small mistakes that put their kids at risk. One common mistake is using the wrong type of car seat for a child’s age or size. For example, some parents move their children to booster seats or regular seat belts too early. A child younger than 8 years old and weighing less than 80 pounds still requires a weight-appropriate car seat or booster.

Another frequent mistake is placing a rear-facing car seat in front of an active airbag. Rear-facing seats near airbags can be particularly dangerous, especially for children under 5 or weighing less than 40 pounds. North Carolina law states that these children should ride in the back seat unless their car seats are specifically designed for front-seat use with airbags.

Many car seats are installed too loosely. A car seat should not move more than an inch in any direction once installed, and all straps should lie flat and fit snugly to keep the child properly restrained. Finally, parents might forget to replace a car seat after an accident, which can compromise its effectiveness.

Checking your car seat’s manual and getting help from a certified technician can prevent many of these problems and keep your kids safer in the car.

What to Do with Your Car Seat After an Accident

First and foremost, you must replace a car seat after a moderate or severe car accident. Once you have replaced it, you may be able to recycle your old car seat. Many car seat manufacturers or retailers offer car seat recycling. Or you can utilize Car Seat Recycling, a nationwide program aimed at reducing the amount of material that ends up in landfills. 

Talk to Our Experienced Car Accident Attorneys in Durham, NC Today

If you or your family were injured in a car accident in Durham, the experienced accident attorneys at Kreger Brodish LLP could help you deal with the aftermath. We can help you pursue the at-fault driver for the compensation you deserve for your accident-related injuries. Contact Kreger Brodish LLP today to speak with one of our Durham car accident attorneys.

Child Car Seat Infographic
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