Booster seats and car seats have different recommendations from manufacturers, parent groups, pediatricians, and the government, and it can be hard to keep them straight. What is really needed to meet the required safety standards and keep your children safe in case of an accident?
In Illinois, the Child Passenger Protection Act gives us the rules for car seats and booster seats. Generally, children under 2 need to be in a rear-facing car seat, and children under 8 need to be in a front-facing booster seat. If the child is more than 40lbs or more than 40 inches tall, these don’t apply. Still, every child under 16 needs to wear a seat belt. If parents and drivers don’t ensure these rules are being followed, they could face tickets and potential liability in a crash.
For help after a car accident, call the Chicago car accident lawyers at the Rhatigan Law Offices at (312) 578-8502.
Car Seat Requirements in Illinois
Children under 2 need to be in rear-facing car seats.
Manufacturers give specifications for how to properly harness your child, and you should follow these recommendations. This might include rules for positioning them within the seat. For example, seats shouldn’t be in front of airbags, the harness should sit snugly under the armpits, and the child’s head should be below the top level of the seat.
Booster Seat Requirements
As your child grows up, the standards change. Once they turn 2, the law allows you to move them to a front-facing booster seat, but they can keep using a rear-facing seat if they are a bit small for the manufacturer’s recommendations for the booster seat. The law simply says from 2-8 that the seat must be “appropriate.” This is the requirement until they turn 8.
In a front-facing booster seat, the configuration can vary quite a bit. The law, again, typically relies on manufacturers to make safe seats for certain weights and sizes. As your child grows, they might move from a seat with a back and sides to a backless seat. Again, the law says the seat should be “appropriate,” leaving it to parents to make sure they are following manufacturer instructions.
What’s Safer: a Car Seat or a Booster Seat?
The Illinois Department of State actually recommends keeping your child in the earlier seat configuration for as long as you can, until they hit the manufacturer’s height/weight limit for that particular seat. This would essentially mean keeping them in a rear-facing car seat even into age 2 until they are too big for the manufacturer’s limits on the smaller seat.
At that point, you can move them up to a seat with a back, then eventually to a backless booster seat, as they grow.
Can You Use Convertible Car Seats Instead of a Separate Booster Seat in Illinois?
Many people opt for convertible seats rather than buying one car seat, then a separate booster seat. Many seats can keep changing configurations to allow for the child’s growth, and each setup will have different size, weight, and age recommendations.
The law seems to mostly defer to the manufacturer, so as long as you are following instructions for setting up the seat and your child is within the manufacturer’s height/weight/age limits, a convertible seat should be okay. Keep in mind that this means you have to keep your child in a rear-facing configuration until at least age 2, then you can adjust the seat to a front-facing configuration once they outgrow the rear-facing configuration.
Who is Responsible for Providing the Booster Seat?
Sometimes we need other people to transport our kids, be it an aunt/uncle, grandparent, babysitter, or a friend’s parent helping with carpooling. The Child Passenger Safety Act places requirements on both the driver and the parent.
The law requires the driver of the car to secure the child in an appropriate seat, and it requires the parent to supply it. That means that if you do not have a proper seat to transport someone else’s child, you can’t get out of a ticket by blaming the parent for not giving you the right seat; you both have to do your best to keep the kids safe.
Manufacturer Requirements to Be Aware Of
The statute requires car seats and booster seats to be appropriate, meaning it is up to you to use them appropriately, too. There are plenty of warnings and instructions from manufacturers to be aware of, and you should always read the whole instruction manual.
Size/Age Requirements
Every seat has manufacturer-specified limits for the passenger’s weight, height, and age. Using a seat that is too big or too small might put you in violation of the rule.
Damaged or Used Seats
The State Department also recommends knowing the history of the seat. If you bought a used booster seat, you have no idea if it was damaged in a previous car accident or damaged by dropping it. It is best to use a seat you know the history of, such as a hand-me-down from a friend or family member, rather than buying a used booster seat online.
Expiration Dates
Did you know car seats and booster seats sometimes have expiration dates? Make sure the seat you are using is still good, by the manufacturer’s standards.
Who’s Liable for Injuries in a Booster Seat?
Usually, whoever caused the accident is at fault. However, if a car seat or booster seat contributes to the child’s injuries, this could shift the blame.
Manufacturers
Manufacturers can be liable for injuries if the seat doesn’t do what it was supposed to. If it has manufacturer defects or safety issues that cause worse injuries or fail to prevent the injuries it was supposed to prevent, the manufacturer might be liable.
The Driver/Parent
The driver or parent who buckles the child into their seat needs to make sure they are following all manufacturer instructions and putting the child in the seat the right way. Failing to do so could stop the seat from doing its job in a crash or make injuries even worse.
The same is true if the driver or parent is using the wrong kind of seat for the child’s height or weight.
Call Our Car Accident Lawyers in Illinois Today
For help with a car accident case, victims should call the Rhatigan Law Offices at (312) 578-8502 to get a free case evaluation.
Related Posts