As a parent, the safety of our children is our top priority, especially when it comes to traveling in a car. As the owner and founder of RHD Legal and a father of two, I understand the deep concern that comes with ensuring our little ones are safe on the road. Car seats play a crucial role in protecting children in the event of an accident, but knowing the rules and guidelines can be overwhelming. This article aims to clarify North Carolina’s car seat laws, including the specifics of § 20‑137.1, and provide practical tips to keep your children safe.

North Carolina’s Car Seat Laws: What You Need to Know

North Carolina has specific laws in place to ensure that children are properly secured while traveling in a vehicle. These laws are designed to minimize the risk of injury in the event of a collision. Here’s what every parent should know:

1. Rear-Facing Car Seats:
   • Children under the age of 1 or weighing less than 20 pounds must be secured in a rear-facing car seat.
   • However, the American Academy of Pediatrics (AAP) recommends keeping children in a rear-facing car seat until they are at least 2 years old or until they reach the maximum height and weight limit of the car seat.
2. Forward-Facing Car Seats:
   • Once a child outgrows their rear-facing car seat, they can transition to a forward-facing car seat with a harness.
   • Children should remain in a forward-facing car seat until they exceed the height or weight limits set by the car seat manufacturer, typically around 4 years old or 40 pounds.
3. Booster Seats:
   • After outgrowing a forward-facing car seat, children should use a booster seat until they are big enough to fit properly in a seat belt.
   • In North Carolina, children are required to use a booster seat until they are at least 8 years old or 80 pounds, whichever comes first. However, proper seat belt fit should be the ultimate guide.
4. Seat Belts:
   • Once a child is tall enough to use a seat belt without a booster, usually around 4’9″ in height, they can transition out of the booster seat.
   • The seat belt should lie across the upper thighs and fit snugly across the shoulder and chest. The lap belt should not rest on the stomach.
5. Back Seat is Best:
   • Children under 13 years old should always ride in the back seat. The back seat is the safest place in the car, as airbags in the front seat can pose a serious risk to children.

Understanding § 20‑137.1: Child Restraint Systems Required

North Carolina’s car seat laws are governed by § 20‑137.1, which outlines the requirements for child restraint systems in vehicles. This statute mandates that:

• Children under 16 years old must be properly restrained in an age-appropriate car seat or seat belt when riding in a passenger vehicle. This applies to any vehicle required to be equipped with seat belts by federal law.
• Children under 8 years old and weighing less than 80 pounds must be secured in a weight-appropriate child restraint system (car seat or booster seat) that meets federal safety standards. The restraint system must be installed according to the manufacturer’s instructions and must be properly used.
• Children 8 years old or younger who weigh more than 80 pounds may be restrained by an adult seat belt if it fits correctly across the upper thighs and snugly across the shoulder and chest.
• Front Seat Restriction: The statute also emphasizes that children under 5 years old and weighing less than 40 pounds must be secured in a rear seat if the vehicle has a passenger-side airbag and if the vehicle’s rear seat is not occupied by other children.
• Exemptions: There are a few exemptions to these requirements, including vehicles not required by federal law to have seat belts, children with a medical condition preventing the use of a restraint system (with proper documentation), and certain vehicles operated by public transportation systems.

Failure to comply with § 20‑137.1 can result in a fine and court costs. More importantly, non-compliance puts your child at significant risk in the event of an accident.

Alarming Statistics: Unbelted Children in Crashes

Recent statistics from the North Carolina Department of Transportation (NC DOT) highlight the critical importance of using proper restraints for children:

• Children age 0-4: 23% of children killed in a motor vehicle crash were unbelted, compared to 47% in 2022.
• Children age 5-7: 29% of children killed in a motor vehicle crash were unbelted, compared to 25% in 2022.
• Children age 8-14: 54% of children killed in a motor vehicle crash were unbelted, compared to 50% in 2022.

These numbers are a sobering reminder of the risks that come with not properly securing our children in car seats and seat belts. The slight improvement in these figures over the years underscores the need for continued vigilance and education on this critical safety issue.

Tips for Proper Car Seat Installation

Installing a car seat correctly is just as important as choosing the right seat. Here are some tips to ensure your car seat is properly installed:

• Read the Manual: Both your vehicle’s manual and the car seat manual are essential. They contain specific instructions for installation.
• Use the Right Method: Depending on your car, you might use either the LATCH system (Lower Anchors and Tethers for Children) or the vehicle’s seat belt to secure the car seat. Never use both at the same time.
• Check the Angle: For rear-facing car seats, ensure that the seat is reclined at the correct angle. Many car seats come with built-in indicators to help you get it right.
• Tighten It Up: The car seat should not move more than an inch from side to side or front to back when properly secured.
• Get an Expert to Check: If you’re unsure about the installation, many local fire stations, police stations, and hospitals offer free car seat checks.

The Legal Perspective

Understanding the laws and guidelines surrounding car seats is not just about compliance; it’s about safeguarding our most precious cargo. In my practice at RHD Legal, I’ve seen firsthand the devastating impact that car accidents can have, particularly when children are involved. Ensuring that your child is properly secured in the right car seat can make all the difference in the event of an accident.

If you ever find yourself in a situation where your child has been injured in a car accident, it’s crucial to seek legal advice. At RHD Legal, we are committed to helping families navigate the complex legal landscape that follows a car accident, particularly when children are involved. Call us today (919) 246-4001.

Conclusion

Car seat safety is more than just a legal requirement—it’s a responsibility that we, as parents, must take seriously. With the right knowledge and proper precautions, we can protect our children and give ourselves peace of mind every time we buckle them into their car seats. At RHD Legal, we’re not just legal professionals; we’re parents too, and we understand the importance of keeping your family safe on the road.

If you have any questions about car seat laws, or if you need assistance following an accident, please don’t hesitate to reach out to us at RHD Legal via either our contact form or via telephone at (919) 246-4001. We’re here to help you every step of the way.