Our children are the most precious gifts we bring into this world. They are the future, the joy, the laughter, and the love of every family. They are the light of the future and must be kept safe to fulfill their destinies.
Keeping kids safe is tougher these days due to more frequent road travel. At one time, in 2016, car wrecks were cited by the New England Journal of Medicine as the leading cause of death of U.S. children. The backseat is the safest place for your child’s car seat, well away from airbags that deploy on impact.
Airbags in the front seat protect the head and face of an adult-sized individual wearing a seat belt. If the child’s car seat is in the front seat, a fast-deploying airbag can be dangerous.
For instance, at least 34 automobile brands have been the subject of recalls to replace front airbags on the driver’s and/or passenger’s side. The recall has been referred to as “the largest and most complex safety recall in U.S. history.”
Takata airbags were at the root of the recall, with exploding airbags that could launch shrapnel into the front seat occupants, seriously injuring or killing the driver and/or passenger(s). A total of 67 million airbags were recalled, and by the end of 2022, 11 million still needed to be replaced.
The root cause of exploding airbags was the inflator, which used a metal cartridge filled with propellant wafers that could ignite with explosive force. Having a child car seat in the front seat is not only dangerous but can be deadly. To July 2023, there have been 26 deaths and over 400 injuries due to exploding airbags deploying on impact.
Fast forward to 2020, and the leading cause of death among children and adolescents ages 1 – 19 is firearm-related. In 2020 there were 21,430 shooting deaths among children, surpassing car crashes, with nearly a 30 percent jump from 2019. Gun-related deaths remain a critical issue to this day, as do car accidents. More importantly, it is vital to know that 4 out of 5 car seats are not used correctly. This increases the chances of serious injuries in the event of a crash. Your child should never ride in a vehicle without the correct child safety seat, even if you are only going a short distance. Installing the car seat properly is also highly recommended. Read the vehicle owner’s manual to see how to correctly and safely install the seat. To learn more, visit https://www.nhtsa.gov/equipment/car-seats-and-booster-seats#install-instructions
Also, read the instructions that outline how to safely buckle a child into a car seat. For further information, visit https://uamshealth.com/patients-and-guests/kb/car-seat-safety/
If you are still not sure you have the right seat or if it is installed correctly, you can make an appointment at the Arkansas Children’s Hospital or a police station to check on your child’s car seat and installation.
Arkansas Child Transportation Laws
It is the law in Arkansas that children under 16 years of age must be properly secured in a vehicle. If there are children under the age of 6 years old, weighing less than 60 pounds, they must be in a car seat. Booster seats are ideal for kids ages 5 to 8 years old age and under the height of 4’9”. If you are traveling with children ages 6 to 15 years of age and weighing 60 or more pounds, they must wear seatbelts.
The law in Arkansas relating to wearing seatbelts is simple. It is the law to wear one–period. The average seatbelt use in the state is 81.9 percent, ranking Arkansas as the 7th-worst state for using seatbelts. Still, however, many state residents do not comply with the law and that is why it made the seatbelt law a primary law.
This means if you are driving and not wearing a seatbelt, you get a ticket. Your fine for not wearing a seatbelt is $25. If you have an unrestrained child in your vehicle, the fine can range from $25 to $100 plus court costs if applicable. The fine may not seem like a big deal if you do get cited for violating the law, and it does not add points to your driving record since it’s a non-moving violation. However, being cited still shows up on your driving record, which may drive up the cost of your car insurance on policy renewal.
Tips for Correctly Using Child Car Seats
Tips to help parents and guardians correctly use child car seats include:
- In winter, do not buckle the belt over thick winter coats, as the straps may not be secure enough to hold the child in place.
- Purchase a new car seat every 6 years, whether it’s been involved in a collision or not. Designs change, and wear and tear can create safety issues.
- If you’ve been involved in a crash where an airbag deployed, get a new car seat.
- Never buy a second-hand car seat unless you can verify it has not been involved in a crash and is less than 6 years old.
- Make sure rear-facing seats are installed at a 45-degree incline for infants and a 30-degree incline for older babies.
- For INFANTS, make sure they always face the back of the car in a car seat. This is until the child is at least one year old and under 20 pounds.
- Harness straps must be snug and straight, and the chest clip at armpit level.
- For TODDLERS, the car seats should have strong, snug harness straps coming from slots at or above shoulder level. This is until the child is approximately four years old and about 40 pounds.
- The straps should not allow room for more than one finger fitting between the child’s collarbone and the strap.
- The chest clip must be positioned at armpit level.
- For YOUNGER CHILDREN, the car seats should only be secured with a should and lap belt. The best needs to be adjusted snugly across the body. This is until the child is at least eight years old unless they are 4′ 9”.
- The shoulder strap must never be put behind their back or under their arms.
- For OLDER CHILDREN, of eight years or older. They must wear a safety belt – both shoulder and lap.
- The shoulder strap must never be put behind their back or under their arms.
When Can A Child Use Seatbelts?
Generally speaking, the height and weight of the child is a good way to determine when it’s time to move them out of a car seat into using a seatbelt. Some parents may, however prefer a more concrete way of determining whether their child can start using seatbelts.
The following points may be used to determine if you are comfortable with your child using a seatbelt versus a car seat. Make sure all of the points are answered in the affirmative.
- Is the child able to sit all of the way back against the seat while wearing the belt?
- Are the knees bent comfortably at the seat’s edge?
- Is the lap belt riding as low as possible?
- Does the belt cross over between the arm and the neck?
- Most importantly, can the child stay in that position for the entire trip?
When in doubt about any of the checkpoints, and if not all of them get a check mark, do not start using seat belts and continue to use car seats. Each situation is different, and only the parents can determine what is right for their child.
Contact the Law Office of Jason M. Hatfield
If you or someone you love suffered serious injuries while riding in a car seat, reach out to the personal injury lawyers at the Law Office of Jason M. Hatfield, P.A., to schedule a free consultation.
Our lawyers have decades of experience fighting on behalf of injured motorists. While we recognize that nothing can take away the pain and emotional stress caused by an accident, with our help, you can pursue meaningful compensation to enable you to move on with your life in the wake of the crash.
To learn more and schedule a free consultation, give the Law Office of Jason M. Hatfield, P.A. a call at (479) 361-3575. You can also reach us through our online contact form.