Car Seats and Collision Liability: What Every Parent Should Know

The screeching of tires. The shattering of glass. Few sounds strike more fear into a parent’s heart than those of a car accident with their child in the backseat. Every year, thousands of children are involved in motor vehicle accidents across the United States, including North Carolina. Many suffer serious injuries. Some don’t survive.

At such a devastating time, parents shouldn’t have to worry about legal complications on top of their child’s recovery. Understanding car seat laws and liability issues before an accident happens can help protect both your child’s physical safety and your legal rights.

The life-saving importance of car seats

The statistics speak for themselves. The National Highway Traffic Safety Administration (NHTSA) estimates that car seats reduce the risk of fatal injury by 71% for infants (younger than 1 year old) and by 54% for toddlers (1 to 4 years old) in passenger cars. These aren’t just numbers. They represent real children whose lives were saved because a parent took the time to secure them properly.

North Carolina’s car seat law requires children under age eight and weighing less than 80 pounds to be properly secured in an appropriate child restraint system. The law exists for a good reason. Children’s bodies are still developing. Their heads are proportionally larger than their bodies, making them more susceptible to head and neck injuries. Their bones are more flexible and can bend to a greater degree before breaking, but this can lead to different injury patterns than adults experience.

Different stages of development require different types of protection:

• Rear-facing seats for infants and toddlers
• Forward-facing seats with harnesses for preschoolers
• Booster seats for school-aged children
• Regular seat belts for older children who have outgrown boosters

Each transition reduces the level of protection. That’s why safety experts and North Carolina car seat laws recommend keeping children in each stage as long as possible until they reach the maximum height or weight limit for that particular seat.

Common car seat mistakes that reduce effectiveness

Having a car seat isn’t enough. It must be the right seat, installed correctly, and used properly every time. Unfortunately, studies show that approximately 46% of car seats and booster seats are misused in ways that could reduce their effectiveness.

Common mistakes include:

• Incorrect installation angle.
• Loose installation (should move less than 1 inch side-to-side).
• Harness straps too loose or positioned incorrectly.
• Chest clip positioned too low.
• Premature transition to forward-facing.
• Using a seat that’s expired or has been in a prior accident.

Even small errors can dramatically reduce a car seat’s effectiveness. That loose harness? It could lead to ejection during a crash. The incorrectly positioned chest clip? It might cause internal injuries.

Many parents don’t realize that car seats expire. Materials degrade over time. Safety standards improve. What was considered safe five years ago might not meet today’s standards. Check your car seat’s expiration date, typically found on a sticker on the seat’s base or side.

If you’re unsure about your installation, some police departments and fire stations offer free car seat checks by certified technicians. Take advantage of these resources. Your child’s life may depend on it.

North Carolina’s contributory negligence law and car seats

North Carolina follows a strict contributory negligence rule. This means if you’re found even 1% at fault for an accident, you may be barred from recovering any compensation. This rule is particularly harsh and can have devastating financial consequences for families.

However, here’s something critically important for parents to understand: North Carolina car seat law specifically protects you in these situations. Under N.C. General Statute § 20-137.1(c), failure to use a child restraint system is not considered contributory negligence. The law states: “The violation shall not constitute negligence per se or contributory negligence per se.”

What does this mean for your family? Even if your child wasn’t in a car seat, or if the car seat was improperly installed, you can still pursue a claim against the at-fault driver. The law recognizes that a momentary lapse in car seat use shouldn’t prevent a child from receiving compensation for injuries caused by another driver’s negligence.

This protection is crucial. Medical bills for injured children can quickly climb into the tens or hundreds of thousands of dollars. Rehabilitation costs can continue for years. Without this legal protection, many families would face financial ruin on top of the emotional trauma of a child’s injury.

Special considerations for child injuries

Children aren’t just small adults. Their injuries present unique challenges and considerations that can complicate legal claims.

Growth plate injuries are particularly concerning. When a child breaks a bone near a growth plate, the bone may grow abnormally afterward, potentially leading to lifelong issues. What seems like a simple fracture could affect a child’s growth for years to come.

Brain injuries in children can be especially devastating. A child’s brain is still developing, and damage can interfere with normal development processes. Symptoms may not appear immediately but can manifest years later as learning difficulties or behavioral problems.

Psychological trauma is another critical consideration. Children may develop anxiety, fear of vehicles, sleep disturbances, or post-traumatic stress disorder following a crash. These invisible injuries can be just as debilitating as physical ones.

Because of these complexities, children’s injury cases often require:

• Pediatric specialists who understand developmental implications.
• Neuropsychological evaluations to assess cognitive impacts.
• Long-term monitoring for emerging issues.
• Educational assessments to identify learning impacts.

Documentation is crucial. Keep detailed records of all medical visits, treatments, medications, and your observations of your child’s behavior and symptoms. These records can be vital evidence in establishing the full extent of your child’s injuries.

Compensation in child injury cases

When a child is injured due to someone else’s negligence, North Carolina law allows for various types of compensation:

• Medical expenses: This includes not just immediate treatment but also future medical care that may be needed as the child grows.
• Pain and suffering: Children experience pain and emotional distress just as adults do, and they deserve compensation for these non-economic damages.
• Future earning capacity: Serious injuries may impact a child’s ability to earn a living in adulthood. Economists and vocational experts can help calculate these long-term financial impacts.

In cases involving serious injuries, the court may require that compensation be placed in a structured settlement or trust. This ensures funds are available for the child’s future needs and can’t be accessed all at once.

Any settlement involving a minor must be approved by the court to ensure it’s in the child’s best interest. A judge will review the settlement terms and may appoint a guardian ad litem to represent the child’s interests.

Protecting your child: understanding both safety and legal rights

Car seats save lives. That’s a fact backed by decades of research and real-world data. Understanding car seat laws and using appropriate restraints correctly are the most important things you can do to protect your child.

If the unthinkable happens and your child is injured in a crash, know your rights. North Carolina’s special protections regarding car seat use can be the difference between financial devastation and getting the compensation your family needs.

At Price, Petho & Associates, we understand the unique challenges of cases involving injured children. We work with medical experts who specialize in pediatric injuries to ensure all current and future needs are accounted for. Our goal is to secure the resources your child needs for a complete recovery.

Don’t navigate this difficult time alone. Call our office or submit our contact form to schedule a free consultation. We can help you understand your options and fight for the compensation your child deserves.