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Driving with Child Passengers? What the Law, Experts, and Lawyers Want You to Know

1/14/2014

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PictureKeep your child safe when traveling.
A study published yesterday in the journal of the American Academy of Pediatrics highlights an alarming reality: children are not being properly restrained in car seats and booster seats when traveling by motor vehicle. The study found that minority parents in particular are less likely to report appropriate use of car seats for 1- to 3-year-olds and booster seats for 4- to 7-year olds, regardless of differences in education, income, and information sources. The study included responses from just over 600 parents of children 1 to 12 years old and, when possible, responses were backed by in-vehicle verification of the presence of appropriate child safety restraints. 

Although overall improvement has been made in the area of child safety restraint usage nationwide in the past 30 years, a key area of concern is the premature transition of children to booster seats and seat belts. Crash-related injuries remain a leading cause of death for children in the United States, and state laws don't always completely align with expert recommendations. In Illinois, children over 8 years of age may ride using a seatbelt only, but experts want parents to know that height, more so than age, should be considered when deciding to transition children out of safety seats. 

Under the Illinois Child Passenger Protection Act, "[a]ny person transporting a child under the age of 8 years shall be responsible for securing that child in an appropriate…child safety seat. The parent or legal guardian of the child under the age of 8 shall provide a child restraint system to any person who transports his or her child. A child weighing more than 40 pounds may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt."

The American Academy of Pediatrics recommends: 
  • rear-facing car safety seats for most infants up to age 2; 
  • forward-facing car safety seats for most children through age 4; 
  • belt-positioning booster seats for most children through age 8; and 
  • lap-and-shoulder seat belts for children over 4' 9" in height. 

That is, if an 8-year-old is under 4' 9," a booster seat is the safest choice. Additionally, children younger than 13 should be restrained in the rear seats of vehicles for optimal protection.

In the event of a car accident with minors as passengers, the first thing to do is go to the emergency room or see a physician who can assess any physical injuries. In Illinois, the standard statute of limitations for pursuing a lawsuit to recover damages is 2 years from the date of the accident. However, for minors, the statute is extended to 2 years after the child's 18th birthday. Usually the parent or legal guardian acts on the child's behalf during the lawsuit, and is entitled to monetary compensation to help cover all or part of the expenses arising from the child's injuries. If after further investigation it is revealed that the child was not properly secured in a child restraint at the time of the accident, the driver and/or parent or legal guardian may be found at partial or majority fault for the child's injuries. This, in turn, can negatively affect compensation. 

As always, drivers should exercise extra precaution when driving with child passengers. For more information on child passenger safety guidelines, programs, and safety seat fitting stations in Illinois, please visit the Child Passenger Safety Page. 

Posted by DMM at the Law Offices of Hugo A. Ortiz.

This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
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This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content cannot be reproduced without written consent.