Keeping your children safe on the roads is a priority for any parent. Texas has strict laws in place to protect the most vulnerable passengers, but many parents are unaware of the latest car seat laws and inadvertently aren’t in compliance with them. If an accident occurs and your child is injured, consulting an Austin car accident lawyer can help you secure compensation for any losses.
The importance of car seats for children cannot be understated. In the United States, the National Highway Traffic Safety Administration estimated that 325 children under five are saved yearly because of car seats. In short, installing a car seat is the best way to keep your kids safe.
Let’s look into the latest car seat laws in 2024 to ensure you’re doing what’s best for your little ones and following the law.
Key Takeaways
Texas’s car seat laws were updated in 2022. They require children to be in the relevant child safety seat system in the rear of the vehicle while traveling.
The exact car seat parents should use depends on age, height, and weight limits, ranging from rear-facing car seats to forward-facing car seats with harnesses to booster seats.
Public transportation, hire vehicles, and vehicles already occupied by other children using restraint systems are exempt from the law.
It’s a misdemeanor to not have your child in the appropriate safety seat, with fines ranging from $25 to $250.
Installing the correct car seat and buckling up correctly keeps your child safe, mitigating the impact of crashes and potentially saving their lives.
If your child is injured in a car accident, accident victims have the right to claim compensation through the other driver’s insurer or by filing a personal injury lawsuit.
Speak to a lawyer as soon as possible after your car accident to ensure your child gets the settlement that covers their losses.
Car Seat Laws in Texas By Age in 2024
Car seat laws in Texas were last changed in 2022. Parents must change their car seats as their kids grow taller and heavier. According to Safe Kids Worldwide, car seats must be height and weight appropriate for children under the age of seven and children under 57 inches in height. However, car seat laws change with your child's age, too.
Here's a rundown of the current car seat laws by age, per the Texas Department of Transportation:
Under Two Years Old – Toddlers and infants must sit in rear-facing car seats. This is required until their second birthday, or they surpass the maximum height or weight outlined by your car seat’s manufacturer.
Two-Four Years Old – Children over the age of two who have outgrown the rear-facing car seat can transition to a forward-facing car seat with a harness. Again, this should be continued until the child outgrows the weight or height limit set by the manufacturer.
Four-Eight Years Old – Once a child exceeds their forward-facing car seat's weight or height limit, they can switch to a belt-positioning booster seat. They can move to conventional seat belts when they can fit properly in them.
Generally, children who reach four feet nine in height can be switched to conventional vehicle seat belts. On the other hand, parents can place their children in seat belts between the ages of eight and twelve. As you can see, the law allows some wiggle room for parents to make the decisions they feel are best for their children.
Are Any Vehicles Exempt from Car Seat Laws?
The Texas Child Passenger Safety Law is designed to provide comprehensive protection for children. Still, there are exceptions for certain vehicles, including public transportation, hire cars, and when other children occupy existing car seat systems.
Public Transportation – Vehicles like buses don’t typically have seat belts and are exempt from the law.
Hire Vehicles—Vehicles available for hire, such as taxis and shuttles, are not required to have child safety systems. However, parents are still advised to bring their own seats.
All Seats Occupied – If you’re in a passenger vehicle where all existing child restraint systems are taken, there’s an exception to enable children not to use one.
Even though you won’t get pulled over and ticketed in any of these three scenarios, it’s still recommended that parents make alternative arrangements. The safety of your child should always come first.
Texas Car Seat and Safety Guidelines
Deciding which seat is appropriate for your child depends on age, height, and weight. Before children can legally sit in a vehicle using regular seat belts, there are three specialized child safety seats they’ll transition through. These are rear-facing and forward-facing car seats, followed by booster seats, before, finally, conventional seat belts.
The Texas Department of Public Safety provides more information on the safety guidelines regarding which seats your kids should be using:
Rear-Facing Car Seats – Infants and toddlers under the age of two should be using a rear-facing seat. This position is essential because it better supports their heads, necks, and spines if your vehicle is involved in a crash.
Forward-Facing Car Seats—Most children between the ages of two and four will transition into a forward-facing car seat with a harness. The harness spreads the impact of a crash over a wider area, reducing the risk of catastrophic injury.
Booster Seats – Children who outgrow the forward-facing car seat can use a booster seat. Booster seats elevate your child so the vehicle seat belt can be positioned correctly. Once children reach their eighth birthday or are four feet nine inches tall, they can use the vehicle’s standard seat belt.
It’s recommended that children be kept in each seat for as long as possible. On the other hand, the rule of thumb is that you should follow the seat’s height and weight recommendations before moving on to the next stage.
Do Car Seats Have an Expiration Date?
All car seats have an expiration date set by the manufacturer. The date can be found on the label or in the owner’s manual. Most expiration dates are six to ten years after the manufacturing date.
It may seem strange that a car seat has an expiration date, but that’s because of the materials used to make it. Considerable amounts of plastic and foam are used to make them, and they degrade over time. When the materials start degrading, they compromise the seat’s protection.
If your seat has expired or is close to expiring, dispose of it. Many areas have local recycling programs or trade-in events for getting rid of an expired car seat. Moreover, if you know a car seat has been in a crash (no matter how minor), don’t use it again. Although it might look undamaged, its protection could have been compromised.
What are the Penalties for Child Car Seat Law Violations?
Child car seat law violations incur fines. Violating the law is considered a misdemeanor, with multiple offenses causing fines to scale. Moreover, you could see your auto insurance rates rise due to incurring violations.
Law enforcement agencies have often resorted to providing warning tickets since these new Texas laws were enacted. This helped educate parents that the law had changed and gave them time to come into compliance. However, that time has passed, and law enforcement will issue fines immediately.
First-time offenders can expect a fine of $25, with subsequent offenses mandating a penalty of $250 every time. Naturally, with administration fees and the potential for late payment charges, violating the law can quickly leave a dent in your wallet.
Your insurer also reserves the right to increase your auto insurance rates. In many cases, this is the biggest punishment of all, as it could potentially cost you hundreds of dollars annually.
Aside from the financial cost, one in four unintentional injury deaths among children 13 and under still come from car crashes, according to numbers from the IIHS. With that in mind, do what’s best for your child and ensure your car seats comply with the law.
Child Safety Tips in Motor Vehicles
Children can be a handful, but smart parents know that buckling up is only the first step to proper car safety. Installing the correct seat, avoiding distractions, and educating your child are just some of the ways to improve safety when you take to the roads.
Here are five child safety tips parents should implement in their family cars:
Install the Right Car Seat – Choose the right car seat by referring to the current laws in the Lone Star State and the manufacturer’s recommendations. Ensure that you adjust it correctly so your kid is safe and comfortable.
Don’t Leave Your Child Unintended – Never leave a young child unattended in the car for any length of time, whether you’re heading to the grocery store or grabbing a quick bite. Besides, FindLaw states that it’s a criminal offense in Texas to leave your child in a motor vehicle alone for longer than five minutes.
Stay Locked and Secured – Kids can get up to mischief in the front or the back. Secure everything with the appropriate child locks, including doors, windows, and loose items, to prevent injury.
Keep an Eye When You’re Stationary – Driveways and parking lots are major hazards for children. Pay special attention to where your kids are in these scenarios. In particular, ensure they never play near a parked car, especially in busy areas.
Teach Your Child – Talk to your child about staying car safe. The earlier you’re proactive in teaching them about proper car safety, the quicker they’ll learn how to behave while in the car or near the car.
When Can I Switch My Child from a Car Seat to a Booster Seat?
Manufacturers design car seats according to the laws of the state in which they’re sold. Texas requires children to remain in a forward-facing car seat with a harness until they outgrow the manufacturer’s maximum height and weight, usually between the ages of four and eight.
If your child is an early bloomer, they can be moved to a booster seat even if they’re technically under the age limit. Once they’re in a booster seat, the same rule applies. If they exceed the maximum height and weight, they can switch to standard vehicle seats. However, it’s recommended that children remain in their booster seats until they reach four feet nine inches tall.
Is Your Child Ready to Use an Adult Seat Belt?
Deciding whether your kid is ready to use an adult seat belt is something that’s enshrined in Texas law. Children should be at least four feet nine inches tall before they move to an adult seat belt. Alternatively, they can move to an adult seat belt when they turn eight.
However, just because this is what the law states doesn’t mean parents can’t keep their children in booster seats for longer. According to the NHTSA, as part of their Buckle Up America campaign, they say that children may continue to sit in booster seats until they’re as old as 12.
Rather than focusing on age, concentrate on their height and weight. Your booster seat’s manufacturer will outline their maximum height and weight. Once they exceed this, they can switch over to a standard lap belt.
At What Age Can Kids Sit in the Front Seat of a Car in Texas?
The Texas Department of Transportation states that once a child has outgrown a booster seat, they must use a standard seat belt. Children younger than 13 must continue to sit in the back seat. Once they reach their 13th birthdays, they can sit in the front seat. Note that all seat belt laws apply to both front and back seats.
Why is the Back Seat Safer for Children?
The back seat is recognized as the safest place for children in any vehicle. This is because the most catastrophic impacts tend to hit other parts of the vehicle, and the rear seat is the furthest from the most common impact points.
Plus, children are kept well away from airbags. Although airbags are vital lifesaving devices for adults, the force they deploy can cause severe injuries to children. According to the American Academy of Pediatrics, children should stay in the back until their 13th birthday, which is the advice Texas follows, too.
Height and Weight Requirements for Sitting in the Front Seat
Texas law requires children to be at least four feet nine inches before they’re legally allowed to sit in the front seat. Once they reach this height, they’re entitled to use a shoulder or lap belt in the front seat. Note that children under the age of 13 shouldn’t sit in the front seat if there are active airbags on the passenger side.
Note that the National Safety Council also recommends that children weigh more than 80 pounds before it’s safe to put them in the front seat. Texas doesn’t include a weight requirement as part of its child safety laws, though.
Typical Child Injuries in Car Accidents in Texas
Child injuries in car accidents can be catastrophic because children are naturally more vulnerable. Head injuries, fractures, broken bones, and lacerations are just some of the most common injuries children can sustain in auto collisions.
Injuries impact children differently because they’re smaller and weigh less, making them much more vulnerable. A relatively minor injury for an adult can be a life-altering one for a child.
For example, a broken bone for an adult is a relatively simple affair, but a child often requires the help of a pediatric specialist to ensure correct alignment and healing. According to Kids Health, if a child breaks a growth plate, they might require surgery. Yet even with surgery, a broken growth plate can lead to deformities.
Children are also vulnerable to traumatic brain injuries. Younger kids are more vulnerable to injuries like concussions, and brain injuries tend to be more severe because their brains are only just forming. Any lasting changes caused to brain tissues through a car accident could result in damage to their:
Cognitive abilities
Personality
Temperament
Coordination
Sensory abilities
Even a low-speed crash can completely transform the life path of a child. That’s why Texas’s child passenger safety laws are so strict.
Keeping Your Kids Safe and Choosing the Best Car Seat
All car seats should be federally approved. Federal approval is only given to car seats that have passed comprehensive car crash tests and received the required safety certifications. Different states also have their own variations on car seat laws, which may be stricter than federal requirements.
Regardless of which car seat is appropriate for your child, the best way to ensure your child is safe is to read through the owner’s manual and secure your child correctly.
Here’s how to keep your child safe:
Begin with a rear-facing seat until your infant is at least one year old and weighs over 20-22 pounds. Alternatively, follow the recommendations of the Texas Department of Safety and wait for your child to surpass the harness limits.
Toddlers and small children should be switched to a forward-facing seat with a harness until they’re within the range of 40 to 65 pounds and outweigh the harness limit.
Children should stay in a booster seat until they’re at least four feet nine inches and reach their 8th birthday.
Parents are often confused about which seat is best for their children. Thankfully, the Texas Department of Transportation offers a free program called Save Me With a Seat. Under this program, parents can have their car seat installations inspected by an expert to ensure their children's safety.
What Are Your Legal Rights if Your Child Suffers Injuries in a Car Accident?
If your child is hurt in a car accident, you have the right to recoup your losses and give your child the best chance of recovery. By filing a lawsuit, you can recover your child’s losses, including the costs of their medical care. Likewise, it’s a chance to get justice for your injured child.
In any accident involving a child, the auto insurance company will examine whether you had the appropriate child restraint system in line with Texas’s latest car seat requirements. If you didn’t have the right one, the insurer could use this as a reason to reduce your settlement or deny your claim entirely.
Likewise, if you were injured in the accident, you have the right to file a lawsuit for your losses, including your medical expenses and lost wages. Adults have two years from the date of the accident to file a claim under Texas law. However, your child’s claim operates on a different timeline.
Although the two-year statute of limitations is still in effect for claims made by or on behalf of minors, the clock doesn’t actually start until their 18th birthday. In any case, it’s always best to file your claim as quickly as possible to ensure you’re not paying for their care out of your own pocket.
When Should You Consult a Personal Injury Lawyer if Your Child is Injured in an Accident?
Consult a personal injury attorney immediately if your child is injured in a car accident due to someone else’s negligence. Your lawyer can provide tailored advice on the best way forward, including accepting a settlement from an insurer or filing a lawsuit against the other driver.
Reach out to a lawyer as soon as possible if:
Your child has serious injuries requiring medical treatment or ongoing care.
Someone else was at fault for their injuries.
There are questions regarding liability.
There are multiple parties involved.
Your child had a pre-existing condition made worse by the accident.
The chances are you’re unfamiliar with the legal processes involved in making a claim. Instead of navigating this yourself while dealing with the harrowing experience of caring for an injured child, contact a car accident attorney in Texas to learn more.
Texas Car Seat Laws FAQs
When did car seats become mandatory in Texas?
Texas enacted its first car seat laws in 2001 after determining that 104 children under the age of eight were killed in 1998. The original law mandated that all children under the age of five and less than three feet tall had to sit in a safety seat.
How much is a ticket for a child without a car seat in Texas?
Violating Texas’s child passenger safety laws incurs a fine of $25 for a first offense and up to $250 for subsequent offenses. You’ll also have to pay additional court costs.
What is the law for children sitting in the front seat in Texas?
Texas law doesn’t allow a child under four feet nine inches or younger than eight to sit in the front seat. However, federal advice recommends that children be at least 12 and weigh over 80 pounds before sitting in the front seat.
