When it comes to children, car accidents are one of the leading causes for deaths for those aged 14 or under. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that the number of fatalities among children under the age of 14 caused by auto accidents increased between 2020 and 2021, going from just over 1,100 to nearly 1,200. With that said, the issue is concerning, which is why states like New York have specific laws regulating the usage of child safety seats or car seats. The severe injuries that unrestrained children may suffer in a car accident are far more serious than the traffic offenses and fines that result from breaking these laws.
More info on New York's car seat laws will be discussed below. We urge you to contact Brandon J. Broderick, Attorney at Law if you and your child have been in an accident and need assistance or have questions regarding car seat laws in NY.
Car Seat Laws In New York
Car seat laws are subject to continuous revision, therefore parents should be aware of new guidelines or changes on a regular basis. In 2023, the following was required via New York's car seat law:
- Rear-facing car seats are required for infants and toddlers under two years old. If caught violating the law, you could be fined anyway from $25 to $100.
- Forward-facing car seats are required for children under the age of four and weighing 40 pounds. Fines range from $25 to $100 for breaking this law.
- Children who are less than eight years old, less than 100 pounds, and less than 4'9" tall are required to use a booster seat in the rear seat. Booster seats can be designed with or without a back. At the age of four and a half, a standard seat belt is adequate for securing a child (no booster seat or car seat necessary). The fine for breaking this law is $25 to $100.
Lastly, all car seats must be compliant with Federal Motor Vehicle Safety Standard 213.
Car Seats and Airbags
Although it is not against the law in New York State, it is extremely risky to have a child in the front seat of a car with an airbag. Babies, toddlers, and small adults seated in the front passenger seat are at increased risk of severe or fatal injuries caused by airbags, according to recent studies. Additionally, children of all ages are typically safer riding in the rear seat of a car.
Below are best guidelines for protecting the young passengers in a car:
- In vehicles equipped with passenger-side air bags, it is important that a child safety seat facing the rear of the vehicle not be installed in the front seat.
- Keep small children out of the front seat of an airbag-equipped car. For children under 5 feet tall who do not utilize a safety seat, the rear seat is the best option.
- Rearrange the car seat so it fits as closely as possible in the front seat if a child needs to ride there. Use the lap and shoulder belts or child safety seats to secure the child. An infant or young child could suffer life-threatening injuries if the airbag were to deploy unexpectedly.
- Adults and older children are best protected in the event of an accident by using airbags in conjunction with seat belts.
- Children are best suited to ride in the back seat.
Car Seats in New York Subway, Taxis, and Buses
The use of child safety seats in New York City cabs has been mandated by law since 2017. However, it is not the responsibility of the taxi driver to have a car seat or to install one. A suitable car seat, together with its correct installation, is the parent's responsibility.
On public transportation, including buses and subways, children are not required by law to use booster seats or car seats.
As far as ridesharing, there are no specific laws in New York state regarding child safety. However, it is highly recommended that parents follow the same laws that taxis are required to follow. Parents in New York City can pay an additional charge to have a car seat added to their Lyft ride. Uber also allows parents to include a car seat in their ride.
Car Seat Usage After An Accident
Car seats should be replaced after an accident, according to the NHTSA. It is recommended that you replace the car seat even if it doesn't seem to be damaged. The safety of the car seat or its components could be jeopardized. Replacing car seats is an immediate necessity for parents in New York following most accidents, both moderate or severe, as per the guidance of the NHTSA.
Our Car Accident Lawyers Are Available To Assist You Today
The Brandon J. Broderick Law Firm is here to assist you after any accident, including one that involves an injured child. To ensure that you obtain a favorable outcome in your case, it is important that you have the right legal representation. Our team of lawyers have the experience to guide you in your case.
Call us today if you've been involved in a NY car accident and need legal help. Schedule a free consultation with one of our lawyers today.