Child passenger safety is crucial when driving through The Prairie State, but did you know that there are strict laws regarding car seats, including for children of different ages?
Not securing your child increases their risk of injury, hospitalization, and death. According to one study by The National Library of Medicine the, proper car seat use reduces the risk to children by 70% when compared to not wearing seatbelts or restraints.
Yet a startling number of parents are unaware of the laws regarding car seats in Illinois. In this guide, we discuss everything you need to know about the legal requirements and best practices to keep your children safe.
Key Takeaways
- Illinois car seat laws requires all children under the age of eight to be restrained by a child restraint system approved by the U.S. Department of Transportation.
- Child restraint systems include car seats, booster seats, and built-in seatbelts. Depending on the child’s age, weight, and height, these may be rear-facing or forward-facing car seats.
- Different rules apply for different age groups, including requirements for rear and forward-facing seats.
- Penalties for failing to comply with the law include fines, potential points on your license, and mandatory education programs.
- Aggravating factors involved in violations could go beyond the scope of the Child Passenger Protection Act, leading to criminal charges, including child negligence.
- Children injured in an auto accident in Illinois are entitled to compensation, even if their parent or guardian was deemed fully responsible under the state’s at-fault laws. Speak to an attorney to support your child’s claim.
What are the Illinois Car Seat Laws for Children?
Illinois state law requires all children under the age of eight being transported in a vehicle to be properly restrained by a child restraint system, which may include using a forward or rear-facing car seat.
Currently, car crashes are the number one cause of death nationwide for children under the age of 12. According to research conducted by Safe Ride 4 Kids approximately 36% of children who died in auto accidents were not buckled up, which is why complying with Illinois car seat laws is not just about avoiding a fine but potentially saving your child’s life.
The specific law requiring a child safety restraint system is the Illinois Child Passenger Protection Act, passed in 1983. Over time, this law has been steadily tightened to provide further protections for young passengers.
In January 2019, it became a requirement for children under the age of two to use a rear-facing child safety seat. The only exceptions to this rule are if your child is 40 or more inches tall or if they weigh over 40 pounds.
But what is a child safety restraint system?
Child safety restraint systems are any type of safety belt system explicitly designed to restrain and position children and have been approved by the U.S. Department of Transportation. Examples of child passenger safety restraint systems include:
- Built-in safety belts
- Booster seats
- Car seats
Not properly buckling up has long been an issue in Illinois and the rest of the country, and it’s not just with children, either. In 2017, according to a study by The Zebra 37,133 people died in motor vehicle accidents, and 17,452 weren’t wearing a seatbelt, representing a 47% mortality rate for those who didn’t secure themselves.
In short, there’s no excuse not to have the appropriate rear or forward-facing car seat for your child in 2024.
Birth to Two Years – Rear Facing
According to the Illinois Secretary of State, every child under two must be placed in a rear-facing child restraint system unless they’re 40 or more inches tall or weigh 40 pounds or more. It’s recommended that children continue to be placed in these systems as long as possible.
Read through the manual from the car seat manufacturer or look at the labels on the car seat for height, weight, and age limits for whatever rear-facing car seat you’re using.
Here’s some extra guidance on these rear-facing seats:
- Don’t place these seats in the front seat if there’s an active airbag present, as this could put your child at risk of injury.
- The chest clip should be below your child’s armpit.
- When attaching the harness straps, these should fit below your child’s shoulders.
As always, double-check that you follow these guidelines and that your child is restrained correctly before you hit the gas pedal, even for short journeys.
Two Years to Four Years – Rear-Facing
The rule is that your child should stay in their original rear-facing child restraint system for as long as possible. Generally, you should keep them there until they’re more than 40 inches in height or weigh more than 40 pounds, regardless of age.
When your child outgrows their rear-facing seat, you can place them in a forward-facing car seat using a five-point harness.
Children Aged 4-8 years
Children between the ages of four and eight – and younger children who have outgrown their rear-facing system – can be placed in a forward-facing seat. This applies until they reach the maximum age, height, and weight limit for whatever system you’re using. Once this happens, they can move into an appropriate booster seat that uses a shoulder or lap belt.
Don’t skip the booster seats because it’s a proven fact that booster seats reduce the risk of serious injury for older kids. You should continue to use the booster seat until your child is big enough to use a regular car seat.
Children Aged 8-13 Years – Seat Belts
Most children between the ages of eight and thirteen will reach the point where they become big enough to use car seat belts. If they can’t fit in an adult seat belt, they should continue to use the booster seat. If you’re checking whether your kid is ready, the shoulder belt should fit across the shoulder and chest without going across the face or neck.
Here’s when your kid can start wearing a regular seatbelt safely:
- They can easily rest their backs against the car seat with their feet touching the floor.
- The lap belt fits across their hips and upper thighs. It shouldn’t be across the stomach, as this increases the risk of internal injuries.
- The shoulder strap should go across the chest and shoulder. Proper seat belt use means the strap should never go across the neck, behind the back, or underneath the arm.
- The child should be able to sit for the entire journey without leaning or slouching.
Generally, most kids will reach this point between the ages of eight and thirteen. When they hit their growth spurts, they should be at least four feet nine inches before you start considering whether they’re ready to use an adult seat belt.
However, the American Academy of Pediatrics (AAP) always recommends that kids stay in the back until the age of thirteen, regardless of how big they are.
What is the Height and Weight Law in Illinois for Car Seats in 2024?
Illinois’ height and weight law applies to children under the age of two. It states that children under 40 pounds and 40 inches tall must be placed in a rear-facing seat.
Beyond these rules, there are no other specific height and weight laws. Instead, the law becomes quite broad, requiring nothing more than different types of systems based on age. In most cases, it’s up to the parent to take the appropriate steps, including providing child restraint systems to other parties to transport their child if they are under the age of eight.
Crucially, the height and weight limits in Illinois for car seats don’t apply if you’re transporting a child by taxi.
What is the Child Passenger Protection Act?
The Child Passenger Protection Act requires all children under the age of eight to be properly secured in a child safety restraint system, whether a rear-facing seat for under twos or a booster seat for older kids. This is to protect children and reduce injury risk.
The one exception to this law is if a child has a disability that stops them from using the restraint in a particular seat. However, parents in this situation must receive a signed certification from a physician stating the disability and why they can’t use the restraint.
Parents and guardians are legally responsible for ensuring the provisions of the Child Passenger Protection Act are adhered to. Likewise, they’re also responsible for providing those same restraint systems to anyone else responsible for transporting their child. This rule changes for children between the ages of eight and 16, as it’s then the person responsible for the transportation that must provide the appropriate restraint systems.
However, suppose the driver in question is over the age of 18 and received a seat belt or moving violation six months before they turned 18. In that case, they’re responsible for properly securing the child in all circumstances for six consecutive months.
What are the Penalties for Violating the Child Passenger Protection Act?
Penalties for violating the Child Passenger Protection Act begin with a $75 fine plus court costs for a first offense. Second and subsequent violations begin with fines of $200 plus court costs. However, other consequences can be attached, including mandatory education programs, points on your license, and even jail time with aggravating circumstances.
If this is the first time you’ve violated the law, you can still avoid a conviction if you can prove that you own the appropriate child restraint system and you’ve completed a course on installing it. This must be backed up by sufficient documentation of both, and then it’s up to the court to decide whether to resolve the issue without a conviction.
Here are the main consequences associated with not using the proper system:
- Financial penalties.
- Points on your driving record.
- Court fees.
- Mandatory child passenger safety education programs.
- Scaling penalties
It’s also worth discussing what happens if aggravating factors are involved. Aggravating factors could be anything from the violation being paired with criminal behaviors, negligence, or being involved in a serious accident.
The actual Child Passenger Protection Act doesn’t have any provisions for jail time. Still, the presence of aggravating factors means other Illinois laws become involved, which could result in enormous legal consequences, including your child being taken into care and jail time.
When Can a Child Sit in the Front Seat in Illinois?
Children can only sit in the front seat with an adult driver if they are over eight years old. However, while the legal requirement is set by age, it’s recommended that children continue to sit in the back until they are at least 13.
Ultimately, once a child reaches eight years of age, it’s up to the parent or guardian to decide whether the front seat is the correct place for their child. Here are the main considerations parents should consider:
- Height and Weight – A child’s height and weight impact how a seat belt functions. Children should be able to comfortably sit back against the seat with their feet touching the floor before they even use an adult seat belt, let alone sit in the front seat.
- Maturity – Children mature at different rates. Kids who can’t control themselves should still sit in the back because they could distract the driver. Remember, it can be classified as negligence if an accident occurs and the driver fails to control their child passengers.
- Driver Experience – A driver’s experience is also a consideration. Inexperienced drivers may become distracted if they have a child in the front seat.
- Air Bag Impact – The reason why young children are banned from sitting in the front seat in Illinois is because of the impact of the airbag. Airbags can cause severe injuries and even death to young children.
Although putting a preteen in the front seat is legal in Illinois, this isn’t necessarily the correct move. In all cases, the back is the safest place for kids of any age.
How Effective are Restraint Systems in Reducing Injuries?
Restraint systems for children are universally recognized as essential for reducing injuries in children. This includes not only decreasing the risk of serious injury but also reducing the incidence of death. With car crashes being the leading cause of death in children under 12, child restraint systems are essential for any parent.
According to another study conducted by The National Library of Medicine examined children aged two to five, child restraints reduced serious injury risk by 71% and reduced the risk of head injuries by 76%. This study was carried out in contrast to using ordinary adult seat belts.
Studies like this are why all states and U.S. territories have variations of laws that mandate child restraint systems for children who fall within certain age, height, and weight categories.
What are your options if your child is injured in a car accident?
Parents who are involved in a car accident with their child have several options to consider. You can file a claim with your insurance company, a claim with the other person’s insurance company, or a civil lawsuit. In some cases, you can claim through your insurer and file a personal injury lawsuit with a Chicago car accident injury lawyer.
Generally, the system is the same as if an adult was injured in a car accident in Illinois. However, one of the quirks of the system is that victims under the age of 18 have no statute of limitations on filing a claim. Normally, there’s a two-year statute of limitations in Illinois for all personal injury claims, but this doesn’t kick in until your child’s 18th birthday.
Illinois At-Fault Laws
Illinois is an at-fault state, meaning blame is assigned to the responsible party. The Land of Lincoln also operates under modified comparative negligence laws, meaning blame is apportioned based on who was at fault, which impacts how much compensation you can receive.
Under Illinois at-fault laws, to claim monetary damages, you must be less than 50% responsible for any accident.
For example, if you were driving under the influence with a two-year-old in the front seat without any children's safety devices and you caused the accident, it’s unlikely that you would receive any damages. Instead, you’d likely be facing criminal charges for child neglect, with jail time a likely outcome.
But that doesn’t mean the child cannot receive monetary damages for the pain and suffering caused to them. The child’s claim can be filed separately, even if their parent was 100% at fault. Claims can be made against their parent’s auto insurance policy to cover everything from medical expenses to pain and suffering.
Under Illinois law, children still have a right to compensation without it being diminished because their parent or guardian was found to be at fault.
Steps to Take if You or Your Child Are Injured in a Car Accident
Getting involved in an accident is every parent’s worst nightmare. What matters is that you ensure your child is safe, call the police, and document the scene using your phone before calling a Chicago personal injury attorney.
Let’s go into the steps to take after a car accident in Chicago involving you and your child:
- Step One – Begin by checking that your child is safe. If they’re injured, try to stabilize their injuries before calling 911. Your child’s safety is paramount in the moments after a car crash.
- Step Two – Call the police immediately. Ensure that an officer attends so that they can fill out an official accident report you can use to support your personal injury claim later.
- Step Three – If safe to do so, document the scene. Take pictures of the road, vehicle damage, and any visible injuries. Ask any eyewitnesses for a statement and whether you can record their details.
- Step Four – Exchange details with the other driver. This should include their contact details, vehicle registration number, and insurance information. Legally, you must exchange these details at a minimum, or you’re committing an offense.
- Step Five – Always seek medical attention, even if you feel fine. Serious injuries might not appear for hours or days after the incident. Get a copy of your medical report and medical bills when you leave.
After following these steps, it’s time to call a Chicago personal injury car accident attorney to begin filing your case. Ensure you have an experienced lawyer to gather evidence, handle negotiations, and file your lawsuit. By hiring a professional, you guarantee the compensation you and your child deserve.
Bonus Tip: How to Install Rear-Facing Seats for Optimal Safety
Installing rear-facing seats requires following the specific instructions for the seat in question. Improper installation is equally as risky for children of any age as not using child restraint systems at all.
Here are some tips for installing your rear-facing seats:
- Ensure the harness fits at or below your child’s shoulders.
- Check that the harness fits snugly and the chest clip is at the center of your child’s chest but also level with their armpits.
- Use a locked seat belt or low anchors to install your seat.
- Tighten your seat if you can move the seat more than an inch in any direction.
- Always place rear-facing seats in the back seat.
- Check that the seat doesn’t allow your child’s head to flop forward.
Double-check that you’ve installed your seat correctly by referring to your car seat manual.
Illinois Child Car Seat Laws FAQs
What are the rules for children in the car in Illinois?
Children must adhere to the Child Passenger Protection Act until they reach their 8th birthday using car or booster seats approved by the Department of Transportation.
How much is a ticket for a child without a car seat in Illinois?
The first violation for a child not using a booster seat is $75 plus court costs. Second violations cost $200 plus costs, with subsequent violations commanding the same penalty.
Can my child ride in an Uber without a car seat in Illinois?
Uber’s guidelines state that children under the age of 12 should always sit in the back seat. However, if a child doesn’t seem to fit the safety requirements for their vehicle seat, or a driver feels like they can’t safely transport the child, they have a right to cancel the ride.
