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To protect your family, parents and caregivers need to know up to what age children must use a car seat in the United States (U.S.). This is important because car accidents are one of the leading causes of death for children in the country.
In 2022, car crashes caused one out of every four accidental injury deaths in children under 14 years old. In addition, 1,129 children died in vehicle-related accidents.
Some of the causes of these deaths include not using child safety seats and using them incorrectly. According to the Texas Department of Transportation, 46% of car seats are used incorrectly, which increases the risk of serious or fatal injuries.
In Texas, the law requires that all children under 8 years old—unless they are taller than 4 feet 9 inches—must ride in an appropriate child safety system. Failing to follow this rule can result in fines of up to $250.
In this article, the team at The Law Offices of Hilda Sibrian will explain the safety rules, the types of car seats, and what to do in case of an accident.
What Are the Car Seat Rules for Children in the U.S. and in Texas?
Car seat safety rules in the U.S. and Texas are designed to protect children while traveling in vehicles. These rules aim to reduce the number of injuries and child fatalities, and to ensure that parents and caregivers understand the importance of using proper restraint systems.
Federal Guidelines on Car Seats in the U.S.
The National Highway Traffic Safety Administration (NHTSA) is the agency responsible for establishing federal guidelines for car seat use. These recommendations are based on scientific research and crash statistics.
1. Recommendations by Age and Size
Infants and toddlers (0–2 years): should ride in rear-facing car seats until they reach the height or weight limit set by the car seat manufacturer.
Toddlers (2–4 years): should use forward-facing car seats with a harness until they exceed the height or weight limit.
School-age children (4–8 years): should use booster seats until they are at least 4 feet 9 inches tall and the seat belt fits properly.
Older children (8–12 years): should use the vehicle’s seat belt, but it is recommended that they stay in the back seat until age 13.
2. Safety Standards
All car seats sold in the U.S. must meet federal safety standards (FMVSS 213). This ensures they have passed crash testing and are safe to use.
Car seats must be installed correctly according to the manufacturer’s instructions. NHTSA estimates that 46% of car seats are used incorrectly, which reduces their effectiveness.
Texas Car Seat Laws
In Texas, car seat rules are outlined in the Texas Transportation Code, Section 545.412. These laws are more specific than federal recommendations and set clear requirements for drivers.
1. Requirements by Age and Height
Children under 8: all children under 8 must ride in a child safety restraint system unless they are taller than 4 feet 9 inches.
Children 8 and older: if the child is taller than 4 feet 9 inches, they may use the vehicle seat belt. However, it is still recommended that they continue using a booster seat until the seat belt fits properly.
2. Fines and Penalties
Fines: failure to follow these rules can result in a fine of up to $250.
3. Exceptions
Public transportation vehicles: the law does not apply to taxis, buses, or school transportation vehicles.
Occupied seats: if all seats with child restraint systems are already occupied, the child may ride using the seat belt.
4. Driver Responsibility
The driver is responsible for ensuring that all passengers under 17 are properly restrained. This includes car seats, booster seats, or seat belts.
Tips for Following the Law
- Use the correct seat: not all child safety systems are the same. It’s essential to choose the right one for the child and the vehicle.
- Check instructions: make sure the car seat is installed properly following the manufacturer’s directions.
- Upgrade as your child grows: switch to the appropriate seat as your child’s height and weight increase.
- Use the back seat: children under 13 should ride in the back seat to reduce the risk of injury.
- Check seat belt fit: if your child uses a seat belt, make sure the lap belt sits across the hips and the shoulder belt sits across the shoulder.
- Mandatory car seat use in the U.S.: verify up to what age a car seat is required. Texas law requires child safety systems until age 8.
Statistics That Support These Laws
According to the Department of Transportation, proper car seat use reduces the risk of fatal injury by 71% for toddlers and 54% for infants.
In 2022, 39% of child deaths in traffic crashes involved children who were not properly restrained.
Types of Car Seats for Children
Choosing the right car seat is one of the most important decisions you can make to protect your child in a crash. There are different types of seats, each designed for a child’s age, weight, and height.
1. Rear-Facing Car Seats
These are the safest seats for infants and toddlers because they distribute crash forces across the back, neck, and head, reducing the risk of serious injury.
Recommended age: birth to 2 years old.
Types of rear-facing seats:
- Infant-only seats: designed for newborns and small babies, usually with a weight limit of 22–35 pounds.
- Convertible seats: can be used rear-facing first, then converted to forward-facing later.
- All-in-one seats: offer multiple configurations, from rear-facing to booster seat.
2. Forward-Facing Car Seats
Once your child exceeds the rear-facing seat’s height or weight limit, it’s time to switch to a forward-facing seat.
Recommended age: 2 to 4 years old, though it’s best to use them as long as possible.
Key feature:
- 5-point harness: secures the child at the shoulders, hips, and between the legs, helping distribute crash forces evenly.
3. Booster Seats
Booster seats are for children who have outgrown forward-facing seats but are not yet big enough for the vehicle seat belt alone.
Recommended age: until the child is at least 4 feet 9 inches tall (if allowed by the seat instructions).
Types of booster seats:
- High-back booster: provides head and neck support, ideal for vehicles without tall headrests.
- Backless booster: more compact and portable, but only suitable for vehicles with proper head support.
4. Seat Belt
When a child is tall and big enough, they can transition to the vehicle’s seat belt.
Recommended age: starting at 8 years old, though it is recommended to continue using child safety systems until age 12.
Seat belt requirements:
- The shoulder belt should cross the shoulder and chest, not the neck.
- The lap belt should sit on the hips, not the stomach.
- The child should be able to sit with their back against the seat and feet flat on the floor.
General Tips for Choosing and Using Car Seats
- Check labels: confirm the seat meets federal safety standards.
- Check the expiration date: most car seats last 6 to 10 years.
- Install correctly: follow manufacturer instructions and use the anchor system if available.
- Register your seat: sign up with the manufacturer to receive recall alerts.
What to Do After an Accident When a Child Is in the Car
Car accidents are stressful, but when children are involved, the urgency increases. Knowing what to do can help prevent injuries from getting worse.
1. Assess the Situation
Stay calm so you can act clearly and safely.
- Check yourself: make sure you are not seriously injured.
- Check the environment: see if the vehicle is in a dangerous location, such as heavy traffic.
2. Check the Child’s Condition
After ensuring your own safety, check the child for visible injuries.
Signs of serious injury:
- Heavy bleeding
- Visible fractures or limbs in abnormal positions
- Loss of consciousness or trouble breathing
If injuries are serious:
- Do not move the child unless there is immediate danger (such as fire).
- Call 911 and follow the operator’s instructions.
3. Seek Medical Attention
Some injuries are not immediately obvious, such as head trauma or internal injuries. A medical evaluation is essential.
Common injuries in children after a crash:
- Concussion (headache, dizziness, confusion)
- Internal injuries (abdominal pain, breathing difficulty)
- Fractures (severe pain in one area)
4. Speak With an Accident Attorney
If another driver caused the crash or there are insurance complications, an attorney can help protect your rights.
How an attorney can help:
- Investigate the accident and determine liability
- Negotiate with insurance companies for fair compensation
- Represent you in court if needed
5. Document the Accident
Documentation is critical for legal or insurance claims.
- Take photos and video: vehicle damage, the car seat, the child’s injuries, and the crash scene.
- Collect information: the other driver’s name, phone number, insurance company, and witness contact details.
- Report the crash: call the police and request a copy of the report.
6. Notify Your Insurance Company
Report the accident as soon as possible and provide the details and documentation you gathered.
Tips when dealing with insurance:
- Be honest, but do not admit fault.
- If you receive a settlement offer, speak with an attorney before accepting.
7. Support the Child Emotionally
Even without serious physical injury, a crash can be traumatic for a child.
Ways to help:
- Talk calmly and reassure them.
- Watch for signs of trauma, such as nightmares or behavioral changes.
- Consider a child psychologist if the child struggles emotionally.
Can I Sue a Car Seat Manufacturer?
If your child was injured and you suspect the car seat was defective, you may have the right to file a claim against the manufacturer. These cases require strong evidence and knowledge of product liability laws.
Common reasons for a lawsuit include:
1. Design Defects
The seat had an inherently dangerous design, such as a harness that fails to hold the child securely during impact.
2. Manufacturing Defects
The seat was not made correctly, making it unsafe—for example, a structure that breaks during a crash.
3. Failure to Provide Proper Warnings
The manufacturer did not provide clear instructions on how to properly use the car seat.
Who Should I Call After an Accident With Children in the Car?
If you, your children, or a loved one have been injured in an accident, contact Hilda Sibrian® – Accident Attorneys. Our team handles car accidents and personal injury cases and is ready to provide a free consultation in English or Spanish.
During these moments, it’s important to have the right support so you and your family can get the medical care you need and the compensation you deserve.
Now that you know up to what age children must use a car seat in the United States, continue learning about federal guidelines and Texas laws. Your family’s safety comes first—follow all instructions and keep the number for Hilda Sibrian® – Accident Attorneys on hand in case of an emergency.
