In Texas, children can legally sit in the front seat of a car once they are at least 8 years old or more than 4 feet 9 inches tall. However, experts recommend that all children sit in the back seat until they are at least 13 years old for maximum safety. Placing children in the back seat protects them from potential injuries in the event of a collision or airbag deployment. Parents should consider both legal requirements and safety recommendations when deciding where their children should sit in the car.
Why Do Kids Have to Sit in the Back Seat?
Kids, particularly those 12 or younger, must sit in the back seat for safety reasons. The Centers for Disease Control and Prevention (CDC) recommends placing children in the middle of the back seat because it is generally the safest spot in a vehicle.
One major risk for children sitting in the front seat is the airbag system. While airbags can save adults in a crash, they are extremely dangerous for young children. Airbags deploy with great force, which can severely injure or even kill young children, particularly if they are in rear-facing car seats.
Drivers should never place a rear-facing car seat in front of an airbag. If your vehicle does not have a back seat, and you must place a car seat in the front, always disengage your passenger airbags.
What Are the Child Seat Laws in Texas?
Under the Texas Transportation Code, any person driving a passenger vehicle in the state must secure every child passenger younger than 8 years old in a child passenger safety seat system. This requirement applies until the child reaches 8 years of age or exceeds 4 feet 9 inches in height.
Every child passenger safety seat system must meet federal standards established by the National Highway Traffic Safety Administration (NHTSA) to ensure it is effective in a crash. Additionally, drivers must follow the manufacturer’s instructions for securing the child properly in the safety seat.
Violating this law constitutes a misdemeanor in Texas, and offenders can face fines ranging from $25 to $250. However, there are exceptions to this rule. The law does not apply in emergency situations or to vehicles used for law enforcement purposes. The requirements also do not apply to vehicles that transport passengers for hire, like taxis, or vehicles in which all seats with child safety systems are occupied.
At What Age Can a Child Safely Stop Using a Car Seat?
There is no specific age at which children can safely stop using a car seat because every child grows at a different rate. Here are the CDC’s recommendations for transitioning from car seats to booster seats to standard seats with seat belts:
- Initially, infants and toddlers should ride in rear-facing car seats with harnesses until they reach the maximum weight or height limit, usually between the ages of 2 and 4.
- Once a child outgrows their rear-facing car seat, they should transition to a forward-facing car seat with a harness and a top tether. Children should use this type of car seat until at least age 5 or until they surpass the height or weight limits of the forward-facing car seat.
- After that, children should use booster seats. They should remain in the booster seat until the vehicle’s seat belt fits them properly without the booster.
- A proper seat belt fit means the lap belt lies flat across the upper thighs, not the stomach, and the shoulder belt crosses the middle of the chest and shoulder, not the neck or face. This typically happens when children are between 9 and 12 years old. However, the fit can differ based on the vehicle, so it is important to check the seat belt fit in every car the child uses.
- Children should always ride in the back seat, ideally until they are 13 years old, to ensure the best protection in the event of a collision.
Who Sets the Safety Standards for Car Seats in the U.S.?
The NHTSA sets the safety standards for car seats in the United States. This agency defines the requirements that all child restraints must meet to ensure they provide adequate protection in the event of a crash. The NHTSA conducts rigorous testing and evaluation to establish these standards, which manufacturers must follow to legally sell car seats in the U.S.
Are There Penalties If My Child Is Not in a Car Seat?
Yes, Texas law imposes significant penalties if your child is not in an appropriate car seat. If you transport a child younger than eight without securing them in a legally compliant car seat, you can face misdemeanor charges, punishable by fines ranging from $25 to $250. It is always important to use the correct car seat for your child’s age and size to comply with Texas law and to ensure their safety from common car accident injuries.
How Can I Keep My Child Safe in the Car?
Keeping your children safe while driving is a top priority for any parent. Here is a list of practical tips to help you ensure their safety every time you hit the road:
- Always use a car seat appropriate for your child’s age, height, and weight.
- Install the car seat according to the manufacturer’s instructions.
- Keep children in the back seat at least through age 13.
- Use the right car seat or booster seat until the seat belt fits properly.
- Ensure your car seats have not expired or been recalled.
- Strap in children snugly – seat belts should never be loose.
- Replace any car seats that have been in a motor vehicle accident.
- Avoid using car seats with unknown histories.
- Keep all children’s heads below the top of the car seat.
- Do not allow children to share seat belts.
- Never leave children alone in a vehicle.
- Lock all doors and windows when driving.
- Teach children not to play with window switches.
- Keep child lock systems engaged on doors and windows.
- Secure all loose items in the car to prevent them from flying around and striking passengers if a car crash occurs.
- Regularly check that your car seats are still properly secured.
Contact a Texas Car Accident Lawyer
Did you or your child get hurt in a Texas car wreck? Let us help you take the next steps toward compensation and justice.
Contact The Wilhite Law Firm today for a free initial consultation with a Texas car accident attorney. We will work with you to understand your case and explore your legal options.
