Every state requires special seats for children, but those laws can vary widely. In South Carolina, a certain type of seat is needed for each stage of a child’s development. South Carolina child car seat laws aim to provide the highest level of protection in a car accident based on a child’s age, weight, and height.
However, injuries can still happen even when parents follow these recommendations. A Charleston car accident lawyer from Ty Robinson Personal Injury & Car Accident Law Firm can help you pursue compensation for injuries to you and your child if you have been in a crash. We have six years of experience and have recovered millions of dollars for our clients.
Call our law office in Charleston, SC, at (843) 278-2222 to schedule a free consultation.
How Ty Robinson Law Firm Can Help After A Car Accident That Involves Your Child In Charleston, SC
Our experienced team is committed to protecting the rights of crash victims throughout Charleston, South Carolina.
If your child was injured in a crash — especially if child seat safety laws or restraint issues are involved — our Charleston car accident attorney can assist you by:
- Assessing your situation and developing a legal strategy for your case
- Building your case by using records and evidence
- Negotiating with the insurance adjuster to obtain needed compensation
- Litigating against the at-fault driver if their insurer refuses to negotiate
Car accidents involving children can raise unique challenges under South Carolina’s car seat requirements. These injuries may require years of medical care and therapy.
Reach out to Ty Robinson Law Firm today to schedule a free consultation with a Charleston personal injury attorney.
Charleston Car Seat Requirements
South Carolina law requires adults to provide the appropriate child restraint system when transporting any child under eight years old or 57 inches tall. These rules do not typically apply to drivers of the following vehicles, though:
- Taxis
- Emergency vehicles performing their duties
- Buses for churches, day care centers, and schools
- Public transit vehicles
- Commercial motor vehicles
All other drivers must provide the following child restraint systems based on the child passenger’s developmental stage.
Rear-Facing Car Seats
Children must ride in rear-facing car seats from birth until they are two years old. Rear-facing car seats secure the child on their back with their feet pointed toward the vehicle’s rear. In a collision, the seat’s harness secures the child by the shoulders. More importantly, the seat supports the child’s head, preventing it from injuring their neck.
For example, in a rear-end collision, upright occupants can whip forward and back, suffering neck injuries like whiplash. But a child reclined in a rear-facing seat should only slide.
Forward-Facing Car Seats
Once a child reaches two years old or outgrows the manufacturer’s specified size for a rear-facing seat, they can move on to a convertible or forward-facing car seat. This seat positions the child upright and facing forward. However, the seat also includes integrated back and head supports. It has a five-point harness as well, securing the child’s chest and hips.
Booster Seats
A child can move out of a car seat to a booster seat when they are four years old and have outgrown the car seat’s specifications. A booster seat, also called a belt-positioning seat, lifts the child so the lap and shoulder seat belt fit them properly. Specifically, the shoulder belt should cross the child’s chest, and the lap belt should cross their hips.
If the child is too short, the seat belt may cross the child’s neck and abdomen. This positioning can cause serious child injuries in a collision. Thus, it is important not to move a child to a booster seat too soon.
Seat Belts
When a child turns eight years old or reaches a height of 57 inches, they are not required to use a booster seat. Instead, they can use an automobile’s built-in seat belts. The adult driver is responsible for ensuring that children use a seat belt until they turn 18. Otherwise, the adult can receive a citation for any child not wearing a seat belt.
The requirement does not end at age 18, however. South Carolina has a mandatory seat belt law that applies to all drivers and passengers. Once children reach their 18th birthday, they become responsible for wearing a seat belt themselves and may receive a citation if they fail to do so.
Liability For Child Car Accident Injuries
Under most circumstances, South Carolina law requires courts to reduce compensation for accident victims whose negligence contributed to their injuries. For example, a motorcyclist who suffers a head injury might have their compensation reduced for failing to wear a helmet.
However, South Carolina law specifically excludes violations of the child car seat laws from comparative fault. In other words, the driver who caused the crash will generally bear full responsibility for a child passenger’s injuries, even if their parents failed to properly secure them in a car seat.
Contact Our Charleston Car Accident Lawyer For A Free Consultation
Your child may suffer painful injuries and long-term disabilities after a car crash. Let our team handle the legalities while you focus on your child’s recovery. Our Charleston car accident attorney has six years of experience and has recovered millions of dollars on behalf of our clients. Contact Ty Robinson Law Firm for a free consultation to discuss your accident.