What Parents Often Get Wrong About Arizona Child Car Seat Laws

Over the last few decades, there have been great improvements in the design of child car seats. A number of studies have shown that proper car seat usage can significantly reduce child injuries and fatalities when they are involved in an accident. Unfortunately, too many parents still make a number of mistakes with child car seats, reducing the amount of protection a child has during a crash. Below, one of our Arizona car accident lawyers outlines the biggest mistakes parents make, and the importance of avoiding them.

Assuming Arizona has the same laws as in other states

All states have child car seat laws. While they are all meant to protect the safety and well-being of children, they are also not identical. The child car seat laws in Arizona also vary slightly from the laws in other states. The laws in Arizona are as follows:

• Age and height requirements: In Arizona, children under 5 must be properly secured in a child restraint system. Children at least 5 but under 8 who are shorter than 4 feet, 9 inches must also be secured in a child safety seat or booster seat.
• Rear-facing car seats: Arizona does not have a statute that explicitly requires children to remain in rear-facing car seats until they are at least two years old. However, officials in the state do recommend keeping children in rear-facing car seats until they are at least two years old.
• Primary offense: Violating the child car seat laws in Arizona is a primary offense, meaning law enforcement can pull drivers over solely for the reason of not complying with the child car seat laws.

Not using the right type of child car seat

Although some guidelines recommend keeping children in rear-facing car seats until they are two years old, it is important to follow the manufacturer’s height and weight limits. Once children become too big for rear-facing seats, they should move to a forward-facing seat. Again, children should remain in these seats until they reach the manufacturer’s height and weight limits. While not legally required, children should then move to a booster seat, which helps position the shoulder and lap belts properly.

After transitioning out of any child car seat, children should still sit in the back seat until they are at least 13 years old. In the event of an accident, the airbags in the front seat can severely injure or kill a younger child.

Believing taxis and ride-share vehicles are exempt

The law in Arizona is very clear. Children under 5, and children between 5 and 7 who are shorter than 4’9” must be properly secured in a child car seat or booster seat. Taxis and ride-share services are not exempt from these rules. Parents should bring their own car seats when using a taxi or ride-share vehicle in the event that the driver does not have a commercial driver’s license, or use a company that provides them in their vehicles.

Failing to ensure tightness

Car seats must be installed properly and should not be too loose. If the car seat can move more than one inch from front to back or side to side, it is not installed tightly enough to the vehicle’s seat. Follow the manufacturer’s instructions, and if you are unsure, contact your local fire department. Many of them throughout Arizona offer free installation and inspection to ensure child car seats are installed properly.

It is equally important that the straps on a child’s car seat are also tight enough. If you can pinch excess strap material between two fingers, the strap is not tight enough. Straps should not have any slack or sag. Straps also should not press into a child’s skin or place the child’s body into an unnatural position.

How does improper car seat use impact personal injury claims?

Improperly using a car seat not only puts children’s safety at risk, but it can also negatively impact a personal injury claim involving a child. If a child’s car seat is too loose or if children are sitting in a seat that is not age or height-appropriate, this could be used to try to shift blame to you. Insurance companies may argue a parent’s choices contributed to the child’s injuries. However, Arizona law limits using child-restraint violations as evidence in most civil cases.

Due to the fact that car seats are not as effective when they are not used properly, children are also more likely to sustain injuries that are more severe than if they had been properly secured. Also, if car seats are not replaced after an accident, it could be argued that the seat was not in a proper condition to protect the child.

Insurance companies will conduct an investigation after any accident. If a child was injured, they will also examine the car seat to determine if it was used according to the manufacturer’s instructions. An Arizona personal injury lawyer can obtain a report from a certified technician or law enforcement agency to prove that the seat was used properly.

The importance of using car seats properly

It is critical that all parents use child car seats properly, for both safety and legal reasons. Properly installed seats greatly reduce the risk of injury or death to children, and they prevent children from being thrown inside or outside of the vehicle. When car seats are properly installed, it also distributes the force of a crash to the child’s strongest body parts, such as the upper thighs and shoulders. This prevents catastrophic internal injuries or injuries to the neck and the spine.

Legally, it is critical to use child car seats properly to ensure you are in compliance with the law. Parents caught violating Arizona’s child car seat law may face a traffic citation and fine, although the main purpose of these regulations is to protect children from serious injuries. Additionally, when car seats are not properly installed, it can indicate parental liability, which can complicate a personal injury claim.

Our car accident lawyers in Arizona can help

If your child has been injured in a crash, our car accident lawyers can help. At Verderame Law Group Arizona Injury Lawyers, our skilled team can collect the evidence to prove your child’s seat was used properly and help you claim the fair compensation your family is entitled to. Call us now or contact us online to schedule a consultation and to get the legal advice you need.