If you are a parent, grandparent, aunt, uncle, or other guardian in the greater Houston area, it is in your interest to know the child car seat laws. There is a common misconception that one can simply place a child in the backseat of a vehicle and drive.
Texas law says differently simply because you have a duty of care to your defenseless child. Our Houston car accident attorney at Zehl & Associates has the details on all the local child car seat laws.
Child Safety Seat Requirements for Children
The logic in Houston and the rest of Texas requiring child car seat laws is that doing so keeps defenseless kids safe. Automobiles do not come with child seats installed. It is the duty of the parent or guardian to keep the child safe when vehicles collide.
The letter of the law is detailed in Texas Transportation Code 545.412. The code states that kids below the age of eight who are less than four feet, nine inches in height are required to ride in child safety seats in automobiles. Such passenger safety seats are necessary when a motor vehicle is in operation.
The law also states that the parent or guardian is to install and use the child safety seat in full accordance with the instructions provided by the manufacturer. The failure to comply with the law constitutes a misdemeanor with a punishment of a fine between $25 and $250 per offense.
Are There Any Exceptions to the Texas Child Car Seat Laws?
Yes. If you are in an emergency situation and need to drive somewhere to avoid harm, an exception might be made. However, it is up to your Houston car accident attorney to prove operating the automobile amidst an emergency is a usable defense.
It might also be possible to escape a fine for failing to use a child car seat if the vehicle is used for transporting people in exchange for money. For example, an Uber, Lyft, or rideshare vehicle that transports a guardian and child might escape punishment for not having the appropriate child car seat in place.
Moreover, it might also be possible to sidestep punishment if the vehicle is one in which other kids already take the entirety of passenger safety seat systems. However, it might be difficult to prove the vehicle’s child car seats and seat belts were in use at the time that the unrestrained child was hurt. The end result of your case is ultimately decided by the judge’s discretion.
Booster Seats for Older Kids
Texas also has laws on the books that mandate booster seat use after a little one has outgrown his or her car seat. Booster seats serve the purpose of elevating a child into the optimal position for using a normal safety belt worn by adults. Add a booster, and your child won’t slip below the seat belt that tweens, teens, and adults wear while riding in a vehicle.
State law mandates that kids over the age of five and in excess of 36 inches in height are allowed to use booster seats. However, the child is best positioned when in a car seat that is forward-facing until the point at which he or she hits the maximum weight and height limits for the seat.
The Texas car seat laws don’t end there. The next transition is from the booster seat to a regular seat belt. The transition occurs when the child hits the age of eight and is a minimum of four feet, nine inches in height.
Texas parents, be aware: if your child is eight years old or older yet not sufficiently tall, a booster seat should continue to be used. The seat belt should fit tightly across the thighs while stretching across the shoulders.
Contact the Undefeated Houston Personal Injury Lawyers from Zehl & Associates Injury & Accident Lawyers for Help Today
If you feel intimidated or need clarification on Texas automobile laws, rest assured you are not alone in your crowd. Our Texas car accident attorneys are here to help you understand your rights, the legal requirements for car riding for kids, and more.
For more information, please contact our Undefeated personal injury attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
29.73890263937774, -95.4612824423294
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Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
31.99827039117601, -102.07752974593966
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