Motor vehicle crashes are one of the leading causes of injury and death among children in the United States. Booster seats are designed to elevate children so that seat belts fit properly across their chest and lap, providing them with the best protection during an accident. According to the National Highway Traffic Safety Administration (NHTSA), proper use of child restraints, including booster seats, reduces the risk of serious injury or death by up to 45% for children aged 4 to 8.
If your child has suffered injuries in a car accident, consult a Georgia personal injury lawyer to pursue maximum compensation from the negligent parties.
Georgia Booster Seat Laws
Georgia enforces specific laws regarding the use of child safety seats, including booster seats, to keep children safe in the car. These laws are designed to provide clear guidelines for parents and caregivers on when and how to use booster seats appropriately.
The following are the child booster seat Georgia requirements:
Age and Size Requirements for Booster Seats
- Children under 8 years old must be properly restrained in a child safety seat or booster seat appropriate for their height and weight.
- If a child is under 8 years of age and is less than 4 feet 9 inches tall, they must use a booster seat in the back seat of the vehicle.
- Once a child reaches 4 feet 9 inches (regardless of their age), they can transition from a booster seat to using the regular vehicle seat belt system, as long as the seat belt fits them properly.
Booster Seat Placement
Children under the age of 8 are required to sit in the back seat of the vehicle while using a booster seat unless the vehicle does not have a back seat—such as a pickup truck or a sports car. In such cases, the child may sit in the front seat if the child weighs at least 40 pounds.
Proper Use of Seat Belts with Booster Seats
A booster seat should be used with the vehicle’s lap and shoulder belts. The lap belt must lie snugly across the upper thighs, not the stomach, and the shoulder belt should rest across the chest and shoulder, not the neck or face. If the seat belt does not fit properly without a booster seat, the child must continue to use a booster until it does.
Penalties for Non-Compliance
Failure to follow Georgia’s child’s car seat laws and other child passenger safety laws can result in fines. For the first offense, violators may face a $50 fine per improperly restrained child and potentially earn points on their driver’s license. Repeat offenders can face a fine of up to $100.
Transitioning from Car Seats to Booster Seats
Children typically transition from a forward-facing car seat to a booster seat once they outgrow the height and weight limits of their car seat, which usually happens around 4 to 7 years old. However, transitioning too soon can put a child at risk in the event of an accident. Georgia law mandates that children remain in booster seats until they reach the necessary height of 4 feet 9 inches, even if they are older than 8.
The decision to move a child to a booster seat should be based on the child’s height and the fit of the vehicle’s seat belt system rather than their age alone.
Choosing the Right Booster Seat
Booster seats come in two types—high-back and backless. High-back booster seats are often preferred for vehicles without headrests or when additional support is needed for the child’s head and neck. Backless booster seats, on the other hand, are typically used in vehicles that provide sufficient head and neck support through built-in headrests.
Regardless of the type, it is essential to choose a booster seat that fits well with the child’s size and the vehicle’s seat belt system. Before purchasing a booster seat, parents should consult the manufacturer’s weight and height guidelines and ensure the seat is properly installed. Many fire stations and police departments in Georgia offer free car seat and booster seat installation checks.
Five-Step Seat Belt Test: Safety Recommendations
While Georgia law requires children under 8 years old and under 4 feet 9 inches tall to use a booster seat, safety experts recommend continuing the use of a booster seat until the vehicle’s seat belt fits properly—this could be at a height closer to 4 feet 11 inches.
In addition to the safety seat regulations in Georgia, parents should also be aware of the five-step seat belt test, which helps determine whether a child is ready to move out of a booster seat:
- The child sits back against the seat.
- The knees bend naturally at the edge of the seat.
- The lap belt stays low on the hips, touching the thighs.
- The shoulder belt crosses the shoulder and chest, not the neck or face.
- The child can remain comfortably seated like this for the entire trip.
If the child does not pass all five steps, they should remain in a booster seat.
Common Mistakes to Avoid
- Transitioning too early: Moving a child from a booster seat to a regular seat belt before they are physically ready can increase the risk of injury.
- Incorrect seat belt placement: Ensuring that the seat belt fits properly with the booster seat is crucial for protection.
- Using only a lap belt: Booster seats should always be used with both the lap and shoulder belt. Using only the lap belt can lead to serious injuries in a crash.
- Not securing the booster seat: Even though booster seats aren’t anchored to the car like car seats, they still need to be properly positioned.
How Our Georgia Car Accident Lawyers Prove Liability
At the Law Offices of Jorge Luis Flores, LLC, we understand that booster seat violations can complicate car accident cases involving children. They do not automatically bar the injured victim from recovering compensation. Even if you violated Georgia’s booster seat laws, our skilled legal team will work diligently to prove the liability of the negligent motorist who caused the accident.
Proving the Other Driver’s Negligence
To hold the negligent motorist liable, we will move fast and collect evidence to demonstrate that their actions were the primary cause of the accident. Our lawyers will:
- Review traffic reports and any citations issued to the other driver.
- Obtain eyewitness statements and surveillance footage that can establish negligent behavior, such as speeding, distracted driving, or failure to yield.
- Analyze accident scene data, including road conditions and vehicle positions, to reconstruct the sequence of events and prove the other driver’s fault.
Establishing Fault in Georgia
Georgia operates under a modified comparative fault rule, which means that even if a plaintiff is partially responsible for their injuries, they can still recover damages if they are less than 50% at fault. Our attorneys will argue that the other motorist’s negligence was the primary cause of the accident and any violation of booster seat laws may have only minimally contributed to the severity of your child’s injuries.
Challenging the Defendant’s Claims of Booster Seat Non-Compliance
While the defendants may argue that your violation of booster seat requirements contributed to your child’s injuries, we will counter this by focusing on the accident’s root cause—the other driver’s negligence. Our attorneys will:
- Emphasize that the crash itself would not have occurred but for the negligent actions of the other driver.
- Demonstrate that while non-compliance with booster seat laws may have affected injury severity, it did not cause the collision.
- Highlight medical expert testimony showing that seat belt laws alone cannot prevent all injuries and that the injuries sustained were directly related to the crash, regardless of seat restraint compliance.
Securing Expert Testimonies
To strengthen your case, we may enlist experts, such as:
- Accident reconstructionists: To demonstrate how the other driver’s actions directly led to the collision
- Medical experts: To provide testimony on your child’s injuries and how they occurred as a result of the crash, not just booster seat non-compliance
- Vehicle safety specialists: To argue that even if a booster seat had been used, the negligent driver’s conduct was the primary factor in causing the injuries
Shielding You from Insurance Company Tactics
Insurance companies will attempt to diminish or deny your claim based on booster seat violations. However, we are prepared to push back aggressively. Our attorneys will negotiate on your behalf from a position of strength, supported by evidence and expert testimony, to ensure you recover the maximum compensation available. We will ensure the focus stays on the other driver’s dangerous behavior as the primary cause of the accident and resulting injuries.
Get Strong Legal Representation from Our Georgia Car Accident Attorneys
At The Law Offices of Jorge Luis Flores, LLC, we are committed to protecting your rights and proving the negligent driver’s liability, even in the face of complications like booster seat non-compliance. We will use every available legal strategy to fight for the largest compensation your child is entitled to, focusing on the negligent motorist’s actions that caused the accident. To schedule your free consultation, call us 24/7 at (770) 405-1339 or contact us online.