Florida’s Car Seat Laws

Parents looking out for their children’s safety often look to legal requirements and recommendations from the state to learn how to keep their children safe.

As a parent or caregiver who drives children, it is vital to understand Florida’s car seat laws so that you know what is required of you.

Florida state legislators voted to support a new bill that would make it booster-seat use mandatory for children from the ages of 4 to 7. The bill, SB 518, was passed with a unanimous vote by the Florida Senate Transportation Committee Lawmakers say that the new law emphasizes a universal desire from both parties to protect children in the car and on the road.

History of Car Seat Laws in Florida

Before the passage of SB 518, Florida was one of just two states with no set restraint requirement for children who are too big for a car seat. According to the state’s previous laws, children age 3 and under must ride in a federally-approved child’s car seat, and children between the ages of 4 and 5 must be secured in either a car seat—if they fit—or a safety seat belt. Children over the age of 4 or 5 who have outgrown a traditional car seat, typically designed to fit for children weighing up to 40-50 pounds, are required by Florida’ existing seat belt laws to wear a seat belt when they are in the car, but sometimes, this seat belt is not enough to safely restrain the child in the event of a collision or accident.

In Florida, any passenger under the age of 18 must wear a seatbelt while in the vehicle. The proper type of seatbelt or safety system depends on the child’s age, height, and weight. A driver can receive a traffic citation and fine for any minor under 18 who is not wearing a safety belt. All drivers in Florida – teens, and adults – as well as anyone sitting in the passenger seat, must wear seatbelts at all times. Failure to wear a seatbelt could result in a $30 fine, as well as additional fees. Although not part of the law, the Florida Department of Highway Safety recommends all children 12 and under not ride in the passenger seat of the vehicle, if possible.

Any child five or under must sit in a federally-approved car seat while in a motor vehicle in Florida. Children under the age of five cannot sit in a seat with only a seatbelt and no booster or car seat. Failure to use a car seat for children five and younger can result in a $60 fine and three points on the driver’s license. Children three and under must sit in a separate car seat or a built-in car seat if the vehicle has one. Children four and five years old can either sit in a car seat or use a booster seat depending on the child’s height and weight.

Child Car Seat Rules and Best Practices

Putting your child in the correct type of restraint system is imperative for the safety of the child. If in the wrong type of car seat or one that is improperly installed in the vehicle, the seat cannot perform its duties during a collision. The type of restraint system that’s right for your child is about more than just age. Parents must read and follow the directions on the restraint system in terms of weight and height restrictions. In general, the right types are as follows:

Rear-Facing Car Seat

Newborn to two years old, or until the infant reaches the maximum weight or height limit on the car seat. Children under two years should only sit in rear-facing seats or rear-facing convertible seats.

A Forward-Facing Seat with a Harness

Children who outgrow the limits for rear-facing seats will graduate to a forward-facing seat with a harness. Toddlers and preschool-age children should use these car seats as long as possible, up to the maximum height and weight limit. Children should stay in these seats until at least the age of four.

Booster Seat

School-aged children who reach the weight/height maximums on forward-facing car seats will progress to booster seats. Children should remain in booster seats until they are four feet nine inches tall (around ages eight to 12). Only when they are tall enough for the seatbelt to fit properly over the shoulder and lap should parents stop using a booster seat.

Ensure Proper Installation of Your Child’s Car Seat

If you need help properly installing your child’s car seat, find a car seat inspection location near you. Many organizations host free events and stations where parents can get their car seats checked for proper types and installations. Following Florida’s car seat laws could save your child’s life. It could also keep you from being liable in the event of a tragedy or wrongful death. If you or your child has been injured due to a car accident or incident with their car seat, a Fort Lauderdale personal injury lawyer can discuss what remedies you may have.

Additional Tips to Properly Use a Car Seat

Understand How to Use a Car Seat for Young Children

The National Highway and Traffic Safety Administration (NHTSA) and many other expert organizations recommend that your child should be in a rear-facing car seat until age 3. Then, you can put them in a forward-facing seat until they’re older. Find the best car seat for your child by entering their date of birth, height, and weight on the NHTSA website.

Use Child-Appropriate Safety Seats

The number one way to keep your child from suffering fatal injuries in a motor vehicle crash is to strap him or her in the correct safety seat. Using the wrong type of seat or installing it incorrectly can result in injuries as if your child wasn’t in a safety seat at all. It’s important to know which seat to use and how to place it into your vehicle. By age and size, here are the correct types of car seats:

• Birth to age two. Rear-facing infant car seat.
• Ages two to five. Forward-facing car seat.
• Ages five until the height of 57 inches. Booster seat.
• Children 57 inches and up. Seatbelt.

Always refer to the manual of your car seat to find out the upper weight or height limit of the seat. Obey these limits, not your child’s age alone. Do not remove the booster seat and rely only on a seatbelt until the belt fits around the child’s hips and shoulders properly. The recommended height for seatbelt use is 57 inches. Children under the age of 13 should never ride in the front seat, for risk of airbag injuries. Never place a rear-facing infant seat in front of an airbag. Buckle up every person in the car, every ride!

Be Cautious of Power Windows

If your vehicle has the option, child-safety lock the windows while driving. Power windows have enough strength to strangle a child whose head is out the window or fracture bones such as in the fingers. Stay in control of the power windows if possible or enforce a rule of no playing with the windows or sticking limbs out while in the car.

Never Leave Your Child Unattended

Florida is second in the country (behind Texas) for the number of hot-car deaths. In 2017, 83 children died in Florida from heatstroke after being in hot vehicles too long. Never leave your child unattended in a vehicle, no matter the temperature or how long you’ll be gone. On hot days, however, the risk of death significantly increases. Hot car deaths are 100% preventable.

Suing for Your Child’s Injuries in a Florida Car Accident Case

If your child was injured in a car accident, car seat laws will be an important factor. However, there are other laws that you should be aware of that will affect your ability to get compensation for your child’s injuries.

First, it is important to understand that parents can often sue for their child’s injuries while they are still minors. This allows them to get compensation that can help pay for their children’s medical expenses and potential ongoing and future struggles they will face because of the car accident injuries.

Car seat laws will factor into your case, especially if your child was not properly seated according to regulations. Generally, if the other driver was at fault for a car crash, they are held 100% liable for the damages that you face in the crash. However, your own negligence (or the parent’s negligence in the case of a small child’s injuries) could be used to block recovery. If the court finds that failing to properly use a car seat contributed to your child’s injuries, part of your damages could be blocked.

The court will be able to parse out which damages were caused by the at-fault driver and which damages were attributable to the fact that your child was not properly seated in a car seat. If your child’s injuries could have been prevented or reduced by a car seat, but you failed to use one, those damages could be held against you instead of the defendant. This would mean additional out-of-pocket expenses for you and your family.

However, our South Florida car accident lawyers might be able to fight these accusations and show that your child was reasonably seated, even if the exact letter of the law was not followed in your case.

Can You Sue for Negligent Car Seat Usage in Florida?

In the case that you were not involved in the car accident, you could potentially hold the person who was driving your child liable for failing to properly place your child in a car seat. Injury cases can often be filed against caregivers like nannies and babysitters for failing to properly use car seats to protect the children in their care.

Even for a short trip, children should still be properly secured in a car seat or child seat. Failing to do so can be incredibly dangerous and lead to serious injuries.

Failure to Use a Car Seat

If your child’s nanny or babysitter failed to put them in a car seat and was involved in a car accident, they could be on the hook for the damages related to the lack of a car seat. Even if they did not cause the crash themselves, they could be held liable for the portion of damages attributable to the lack of a car seat.

If they did cause the crash and your child was seriously injured because they were not in a car seat, then they could potentially be held liable for punitive damages. Punitive damages are additional damages ordered in an injury lawsuit to punish an at-fault party for serious negligence. The failure to properly seat your child in a car seat could potentially be enough to argue for punitive damages, but it is important to work with our Boca Raton car accident lawyers to fight to maximize damages in your case.

Improperly Securing Children in Car Seats

If the driver used a car seat but failed to properly secure the child, they could also be liable for the same extent of the damages. For example, a car seat that is simply not secured by a seat belt can potentially be even more dangerous than not putting the child in a car seat. Additionally, putting a child in a car seat that is far too big or too small for their age can also be dangerous, so caregivers who use an old car seat or fail to upgrade as the child grows could put the child’s safety at risk.

Suing Family Members for Failing to Use a Car Seat

In car accident cases where the child’s grandparent, an aunt or uncle, or even a co-parent was driving the car, it might be difficult to bring yourself to hold them accountable. In most cases, damages are paid by insurance rather than coming out of the driver’s pocket directly, so do not hesitate to contact our attorneys about bringing a case against any driver who failed to put your child safely in their car seat, even a family member.

Suing Car Seat Manufacturers for Defective Car Seats

If you did everything you could to properly secure your child in a car seat, but they were injured because of a dangerous or defective car seat, contact our Boca Raton car accident lawyers immediately. Our attorneys may be able to include the seller or manufacturer of the car seat in your lawsuit and hold them liable for the portion of the damages attributable to their own negligence.

These cases will often be complex because of the proof required in your case. First, we will often need to hire expert witnesses to reconstruct the car accident and opine on what percentage of the damages to attribute to the at-fault driver and what fault is attributable to the negligent car seat manufacturer. Additionally, we will need an expert to explain what flaws were present in the car seat’s design or manufacturing process and how these contributed to your child’s injuries.

Call Our Florida Car Accident Attorneys Today

If your child was injured in a car accident, call our South Florida car accident attorneys for a free case review. Call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A., today at (954) 787-5430.

Understanding No-Fault Insurance

Before discussing who is responsible for car damage in a no-fault state, it’s crucial to understand the fundamentals of no-fault insurance.  No-fault insurance is a specific car insurance policy that predominantly affects how personal injury claims are handled rather than property damage liabilities. Generally, in no-fault states like Florida, the at-fault driver’s insurance still covers the other driver’s vehicle damage, similar to at-fault states.  Florida drivers need to carry $10,000 in both personal injury protection and property damage liability. There are no requirements for bodily injury liability insurance, comprehensive coverage or collision insurance.

The primary distinction between at-fault and no-fault states lies in treating personal injuries. In Florida, drivers must carry personal injury protection (PIP) coverage, which is not valid for bodily injury coverage.

In at-fault states, the driver’s insurance company, which caused the accident, is responsible for personal injury claims. In no-fault states, injured individuals use their PIP coverage to pay for medical expenses and lost wages up to the limit, typically $10,000. If damages exceed this amount, no-fault laws do not restrict the injured party from seeking additional compensation from the at-fault driver.

Personal injury protection covers medical expenses, lost earnings, and other costs resulting from an accident, regardless of fault. Importantly, PIP does not cover non-economic damages such as pain and suffering.

Ultimately, no-fault insurance aims to streamline the compensation process for specific injuries by providing quick payments and reducing the legal expenses tied to fault determination after an accident. For anyone involved in a vehicle incident in Fort Lauderdale, consulting with an experienced accident lawyer can clarify how these laws might impact their case.

Crashes Involving Injuries

If the at-fault driver was charged with a moving violation and injuries or possible injuries were noted on the crash report, Florida Financial Responsibility Law (Chapter 324, Florida Statutes) requires the at fault owner/driver to have full liability insurance coverage in effect at the time of the crash. This coverage includes:

• minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash,
• $10,000 property damage liability per crash, and
• personal injury protection limits of $10,000 per person per crash.

If the owner/driver did not have this coverage, the department requires the at-fault party to:

1. Purchase and maintain minimum limits of $10,000/$20,000/$10,000 insurance coverage and an SR-22 filing (certification of liability insurance) for three years from the designated suspension date. Your insurance company must certify this SR-22 filing with our department;
2. Obtain releases from the other parties for their property damages and/or bodily injuries or post a security deposit with the department in the amounts listed on the suspension notice; and
3. Pay a $15 reinstatement fee, if applicable.

Crashes Involving Property Damage Only

If the at-fault driver was charged with a moving violation, and vehicle or property damage (no injuries) were noted on the crash report, Florida Financial Responsibility Law (Chapter 324, Florida Statutes) requires the owner of the at fault vehicle to have compulsory coverage in effect at the time of the crash. This coverage includes:

• $10,000 property damage liability (PDL) per crash, and
• personal injury protection (PIP) limits of $10,000 per person per crash.

If the owner of the at-fault vehicle did not have this coverage, the department requires the at-fault owner to:

1. Obtain releases from the other parties for their vehicle/property damages, or post a security deposit with the department in the amounts listed on the crash report,
2. Purchase $10,000 PIP/$10,000 PDL insurance or surrender the Florida plate and registration; and
3. Pay a $150 – $500 reinstatement fee, if applicable.

Identifying Who Covers Car Damage Costs in a No-Fault State

So, who is responsible for covering car repairs and damage in a no-fault state? Interestingly, the distinctions between no-fault and at-fault states concerning the payment for car damages are slight.

In no-fault states such as Florida, the insurance of the driver who caused the accident typically handles the property damage. At the same time, personal injury protection (PIP) covers each driver’s medical bills and lost wages, no matter who was at fault.

If you’ve been involved in a car accident in Fort Lauderdale and are navigating the complexities of insurance coverage, consider contacting a knowledgeable accident lawyer to help ensure that your costs are adequately covered.

Utilizing Your Collision or Comprehensive Insurance Policy

Your collision insurance or comprehensive coverage might sometimes be necessary to handle car repair costs following an accident. Collision insurance is tailored to cover damage to your vehicle from an accident, whether with another car or something like a tree or a fence, regardless of who is at fault.

Comprehensive coverage, meanwhile, is designed to protect your vehicle from damages not caused by collisions. This includes scenarios like theft, vandalism, or natural events such as floods and hurricanes. The use of these insurance policies depends on the specific details of the incident.

Exploring the Use of At-Fault Drivers’ Auto Insurance and the Role of Personal Injury Protection in No-Fault States

When figuring out who foots the bill for car damage in a no-fault state like Florida, it generally falls on the at-fault driver. Suppose they have property damage liability insurance, which most state laws require. In that case, this coverage will cover the costs for any damage their vehicle causes in an accident they’re found responsible for.

Now, if you’re curious about who pays for injuries and medical bills in no-fault states, the answer can depend on the severity of the injuries. In places with no-fault laws like Florida, each driver would typically use their personal injury protection (PIP) after an accident.

PIP covers your medical bills and lost wages, regardless of who caused the accident. But, if medical expenses exceed the usual PIP limit of $10,000, the injured person might need to file a personal injury claim against the at-fault driver to tap into their bodily injury coverage.

This no-fault system is designed to speed up the compensation process since it allows injured parties to receive payments quickly without waiting for lengthy investigations or court decisions.

Understanding How Negligence Affects Liability Assessment

Gripping the concept of negligence is essential in the realm of car insurance. It’s not just about determining who hit whom first; it’s about understanding the failure to exercise appropriate care under the circumstances, which can significantly impact insurance claims or lead to personal injury lawsuits.

Consider this: You live in Florida, a no-fault state, and you’ve sustained severe injuries in an accident that exceeded your insurance policy limits. Even in a no-fault state, you might need to sue another driver for additional compensation.

Why might this be necessary? This is where the principles of pure contributory negligence and comparative negligence come into play. Under pure contributory negligence, if you were negligent, you’re completely barred from recovering damages.

Guidance on Managing the Claims Process with Insurance Companies

Dealing with the complex claims process in no-fault states after a car accident can be daunting. It’s incredibly challenging when you’re also coping with injuries or emotional distress. Knowing your rights and responsibilities in this system is crucial.

Filing Your Claim

The initial step in managing a car accident claim involves promptly notifying your insurance provider about the incident. It’s essential to give your insurer details about the timing, location, participants, and the nature of the damages from the accident.

In Florida, Personal Injury Protection (PIP) requires that the injured party seek medical attention within 14 days of a car accident to receive benefits.

An insurance adjuster will be assigned to investigate your claim, examining evidence such as police reports, witness statements, and photos of the damage. They will then decide on compensation based on the terms of the insured’s policy.