In Georgia, your child must use a car seat or booster if they’re under eight (8) years old, unless they’re taller than 4′ 9″. Violating this law can result in a fine of up to $50. The consequences can be far more grave when an accident occurs, though.
When driving with a child passenger, motorists must ensure they are using child car seats and other safety restraints. An improperly installed car seat can fail to keep a child safe, resulting in a slew of physical, emotional, and financial losses.
In this article, our car accident lawyers explain the law and additional safety tips for transporting your child in Georgia.
Examples of Georgia’s Car Seat Laws
Depending on your child’s age and size, certain mandates apply. Take a look at the information provided by Georgia’s Consumer Protection Division:
Children Under Eight Years Old and Under 57 Inches Must Sit in the Back
Under O.C.G.A. § 40-8-76, children younger than eight years old and shorter than 57 inches have to ride in the backseat. This requirement is because a child’s small frame cannot withstand the force of a deployed airbag. In a collision, a car seat protects the child from the impact. It also prevents them from being ejected from the vehicle.
Children who outgrow a harnessed car seat still need a booster seat. Adult seat belts are designed for adult bodies. On a small child, the lap belt can ride up over the stomach, and the shoulder belt can cut across the neck. A booster raises your child so that the seat belt fits properly.
No Backseat? Your Child Can Sit in the Front With a Car Seat
If you own a two-seater vehicle, like a truck or sports car, your child can sit in the front seat even if they’re under eight years old and less than 57 inches tall. The same applies if all the rear seats are already occupied by other children. However, they must be properly restrained in a car seat or booster appropriate for their size.
Police Officers Can Cite Any Driver With Unrestrained Child Passengers
Police officers do not need another traffic violation to stop and cite a driver with unrestrained child passengers. Georgia’s primary safety belt law allows them to issue a citation when they observe the offense. If you are stopped for another reason, such as speeding, you can also be ticketed for an unrestrained child passenger.
Violating Georgia’s Car Seat Laws Can Result in Fines and Points on Your License
Any violation of Georgia’s child car seat laws can result in a fine of up to $50 and one point against your license for each improperly restrained minor. Subsequent violations can double the fine and the number of points against your license.
No child should ever go unrestrained in a vehicle, even during a short drive. Abiding by Georgia’s child car seat laws can be a life-or-death decision that we make as parents and caregivers.
For a free legal consultation, call 404-214-2001
Additional Safety Tips for Driving with Child Passengers
Along with the regulations set forth by the state, here are some tips that can promote your child’s safety:
Never Drive With a Child in Your Lap
Some drivers feel safer having their children in their laps. However, this is a direct violation of Georgia’s laws, and it actually puts a child at greater risk of harm.
Remember: Airbags in the front seat deploy with great force, and a child sitting in a driver’s lap is even closer to the airbag. Children should not sit in any other passenger’s lap, either, even someone who is sitting in the back seat.
Dispose of Old Car Seats or Ones Involved in Previous Crashes
You should make sure that your child’s car seat is up to date with current safety standards and is in good condition. Dispose of an old car seat or one that has been involved in a previous accident, even if it appears to be in working condition.
Defects may not be visible to the naked eye, but they put your child at risk if an accident occurs.
Note: If you have been in a wreck and are seeking compensation through a car accident claim, replace the car seat but hold onto the old one until after the case is settled.
Secure Your Child on Every Trip
Whether you’re going down the street or taking a long road trip, always secure your child in their car seat. According to Georgia’s Consumer Protection Division, more than half of all vehicle collisions occur within a 5-mile radius of a person’s home.
When driving close to home, you may feel safer, but your defenses are lowered. Driver error can occur anywhere, so make it a habit to secure your child in their car seat.
Georgia’s safety belt requirements also continue after your child outgrows a booster. Under O.C.G.A. § 40-8-76.1, children eight and older must wear a seat belt. Wearing your own seat belt on every trip instills good driving habits for them to follow.
How Do You Know If Your Child’s Car Seat is Up to Standard?
You can learn more about your child’s car seat by visiting the National Highway Traffic Safety Administration (NHTSA)’s website. By entering your child’s age, weight, and height, you can explore whether their seat meets their needs. Certified child passenger safety technicians can examine your car seat to determine whether it’s properly installed. Many local fire departments offer these inspections for free.
You want to do everything to protect your child. Taking a closer look at their car seat is just one way to do this. You can also check a few things yourself:
- Recalls: Look up your car seat’s make and model to confirm the manufacturer has not recalled it.
- Fit: If your child uses a booster, the lap belt should rest low across their upper thighs, not their stomach. The shoulder belt should cross the middle of their chest and shoulder, not their neck.
- Installation: Follow the manufacturer’s instructions for your specific seat and vehicle.
If anything looks wrong, contact a certified technician before your next trip.
When a Crash Happens, Your Child’s Car Seat Is Only the First Line of Defense
Even a properly installed car seat cannot prevent every injury. If you are in a crash with your child, take these steps after:
- Move your vehicle out of traffic if you can do so safely
- Call 911 to get police and paramedics to the scene
- Move an injured child as little as possible, since unnecessary movement can make injuries worse
- Take your child out of the car only if staying puts them in danger, such as a fire
- Answer police questions as best you can, either at the scene or after your child gets medical care
- Have a doctor examine your child, as young children may not be able to describe their pain, and some injuries take time to appear
Before you replace a car seat involved in the crash, set the old one aside. It may serve as evidence if you file a claim.
Complete a Free Case Evaluation form now
Call Kaine Law If Your Child Was Injured in a Car Accident
Kaine Law is a personal injury law firm representing accident victims in Georgia. Our car accident lawyers serve Atlanta, Conyers, Lawrenceville, and Stockbridge, and can help you hold a negligent driver accountable for your losses. We operate on a contingency-fee agreement, so there are no legal fees unless we win.
For a free consultation, call today, and we can discuss your legal options.
Call or text 404-214-2001 or complete a Free Case Evaluation form
