Texas Car Seat Laws

For the past 15 years Texas Department of Transportation has been working to raise the level of seat belt use with their Click or Ticket campaign. But a recent study shows that nearly 1 in 10 Texans still don’t buckle up.

Texas Car Seat Legislation Vetoed by Gov. Abbott

toddler playing with toy cars

Governor Greg Abbott vetoed a bill requiring children under age 2 to be secured in rear-facing car seats. In final days of legislative decisions this term, the governor made the decision to prevent the new law saying House Bill 448 “is an unnecessary invasion of parental rights and an unfortunate example of over-criminalization.”

Under the measure, rear-facing seats would be required for toddlers traveling in motor-vehicles. Exceptions would have been made for children

  • taller than 40 inches
  • weighing more than 40 pounds
  • or have medical conditions that prevent them from sitting in rear-facing car seats.

Texas already requires children under 8 years of age to travel in a secure car seat. Proponents of the bill believe that it would help clarify Texas’ confusing car seat law. Current law does not mention car safety guidelines for children under 2 years old.

Advocates say that just because the bill didn’t become law, that it isn’t still best practice. A child faces much more serious injuries when the impact happens in a forward facing seat. A rear-facing seat allows for the force of the crash to be distributed more evenly throughout their bodies.

Woman’s Viral Post Shows How Importance of Car Seat Safety

Last week a woman shared an image of her car after she was struck just minutes from her home. She added that her youngest child is 6 weeks old, and her older son is almost 3. The car pictured in the post was a 2015 Honda CRV.

“I’m not one to post anything too heavy or personal on Facebook but guys… THIS is why you buckle your kids into their car seats correctly every SINGLE time. Even when they scream because the straps are tight. Even when they complain about the chest clip or being rear facing. We stopped for milk on the way home from preschool yesterday. We were minutes from home. Another car slammed into us. You never think it will happen to you. My boys escaped without a scratch but the paramedics told me it could have been very different had I not taken the extra 2 minutes to be sure they were buckled correctly. I will be fine, my kids are fine, everything else can be replaced. Sending thanks to God for keeping us safe (along with Honda, Graco & Chicco).” – Jenna Casado Rabberman | Facebook account user

Many responded to the original poster, thanking her for sharing the reminder to always buckle up!

View the original post here.

In 2018 2,623 Texans were seriously injured because they weren’t wearing a seat belt. For this 15th anniversary of the campaign, take the time to remind all your passengers to buckle up. Share the Click it or Ticket message with those you love.

Buckling up isn’t just the safe thing to do, but it could also save you money. In Austin, a driver can be ticketed up to $50 for a rider that’s 15 years of age or older in the front seat who’s unrestrained. Once you tack on court costs the fine amounts to a total of $157. Continue reading this post to find out more about how to protect your family, and what fines you could face if you fail to comply with Texas seat belt laws.

Car Seat Laws in Texas

While traveling with children in Texas it’s important to have them buckled in for their safety. Failure to have a child buckled into a safety seat could result in a traffic violation, points on your license, or the need to take a Texas seat belt course to have the points dismissed. Texas Department of Public Safety outlines the rules in their resource for Child Passenger Safety information.

The last thing you would want to do is put your child in danger. You can keep your kids safe from some of the dangers of a car crash if you follow proper child car seat instructions and have the appropriate gear for them. Online review and rating guides help some parents make the best decision for their child’s safety and budget. Consumer Reports, an independent non-profit, tests car seats based on crash report, ease of use, and how they fit into vehicles in their car seat buying guide.

There’s some gear that’s legally required for keeping children in tow. Very small children should only ever ride in the backseat, in a rear facing child seat.
When a child has reached a year old, they can graduate to a forward-facing safety seat in the rear of the vehicle.

Texas Seat Belt Law: Where should the kids ride?
  • Teenagers and adults may ride in the front seat with a seat belt on.
  • Children may safely ride in the back seat without a booster if their height is above 4 feet 9 inches.
  • Children should never ride in the front seat.
Texas Seat Belt Tickets

Injury in case of a car accident is undoubtedly the biggest cost of not wearing a seat belt. But there are some rules on the books that allow Texas peace officers to enforce use of seat belts in the front seat and for children.

Recommended child safety seats (also known as booster seats):

  1. It’s required that infants ride in the back in a rear-facing seat.
  2. Kids under 2 years of age, or between 20 and 40 pounds should be in rear facing seats
  3. As a child grows they should graduate to a forward facing seat, typically at 2 years of age.
  4. Kids from 2 -4 years should ride in forward-facing car seats until they reach the upper height and weight limits of the seat.
  5. Kids from 4 -7 years should be in a high-back booster seat.
  6. An 8- to 12-year-old less than 4 feet 9 inches can be in a high back booster or low-back booster until they reach the upper height and weight limits of the seat. The low-back booster may be used with the car’s adjustable headrest.

It’s true that some children may legally ride in the car without a booster seat. Legally, a child may sit without a booster seat after their eighth birthday. It’s a law that went into effect in September 2009. However it’s recommended that a child remain in booster seat until they are 4 feet 9 inches.

Some of this information, such as that child passenger safety seats are required for all children under the age of 8 may not be entirely obvious or widely known. If you want to know more about what’s legal and safe in Texas, visit this resource provided by TxDOT.

Child Seat Law Texas: School Bus Bill Moves on in Lege

Check back on McMinnlaw.com for more information about current Texas seatbelt law as this story unfolds. Find out about how the Texas 2017 legislative session will make an impact on Personal Injury law here.

Seat belt laws have made recent news in the Texas lege. In mid May, nearing the end of the Texas legislative session the Texas House backed legislation that would require three-point seat belts on new school across the state. Senate Bill 693 has been tentatively backed by the Texas House. It would only impact new buses purchased by schools.

This bill follows similar legislation that was passed in 2007. Then the law was called Ashley and Alicia’s Law, which remembers two teens killed en route to a soccer playoff. Even with good intentions, the law did little to prevent deaths like Ashley and Alicia’s. The legislation left the responsibility to schools to apply for state money that was earmarked for the effort. A Houston Public Media report revealed that virtually no school districts applied and students still ride in buses without seat belts.

As the school year closed for summer 2017, 1.1 million children still ride without an ability to buckle up on the way to class.

Personal Injury and Texas Seat Belt Laws

Can using a seatbelt at the time of the accident affect your personal injury case? If you were injured in a crash, you may want to consider filing a claim and hiring a local personal injury lawyer. Compensation from the insurance company may help you pay medical bills and get your life back on track after the crash.
If it’s found that you weren’t wearing a seatbelt during a crash it could greatly affect your personal injury claim. Because seat belts have been shown through research and statistics to effectively reduce the number and severity of injuries, a person who chooses not to wear seat belts may be considered negligent. If you chose not to wear a seatbelt at the time of the crash, and you need to file a claim for injuries, the amount you could receive may be diminished under comparative negligence.

An insurance company will use this information to reduce your claims. If you want to understand more about comparative and contributory negligence in Texas, visit this page.

Austin Car Accident Lawyers

Jason McMinn and Justin McMinn specialize in personal injury cases in Austin, Texas. If you or a loved one were involved in a serious car accident, you may want to seek legal help. An experienced attorney can help you recover the compensation you need and deserve.

No case is too small for McMinn Law Firm. If you believe you have been the victim of someone else’s negligence, call McMinn Law Firm for a free case consultation today. Our staff is here to help. 512-474-0222

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