How Does a Seat Belt Work?
Seat belts should be worn across the shoulder and the upper lap. Seat belts are designed to tighten when the vehicle’s brakes are applied, preventing the driver or passenger from being thrown about the interior of their vehicle in an accident. Most modern vehicles have lap and shoulder belts for the driver and every passenger. Middle seats in the backs of some vehicles only have lap belts.
Some people mistakenly believe that seat belts can cause more harm than good, but this isn’t necessarily true. While it’s possible for a seat belt to cause injuries, this typically only happens when the seat belt isn’t worn properly. The most common mistake is wearing the lap portion of the belt across the stomach instead of across the top of the lap. When worn across the stomach, the tightening of the belt from a sudden stop or crash can easily cause damage to the internal organs and soft tissues in the abdomen.
It’s also possible for a seat belt to fail to function properly when the shoulder portion is worn incorrectly. Some people may find the shoulder portion rubbing against their neck and shoulder to be uncomfortable, and they will shift this portion of the seat belt under their arm. This prevents the seat belt from functioning correctly in a crash.
Understanding Car Seats for Children
All parents should know how to properly use car seats for their children. Car seats are available in various sizes and configurations suited to children of different ages. For example, infants and young toddlers should be secured in car seats that ensure the child is facing the rear of the vehicle in the center of the vehicle. This offers the greatest level of protection in a crash. Older children can ride in a booster seat with a five-point harness for maximum protection. This type of car seat configuration offers the greatest comfort while also protecting the child from crash impact forces in an accident.
Parents must follow the included instructions that come with their car seats carefully. It’s vital to secure car seats inside of the vehicle properly to ensure they provide the intended level of protection. Additionally, parents should also recognize when it is time to replace a car seat. For example, if you have a car seat in your car and have an accident, you should replace the car seat even if it appears undamaged. The crash forces likely caused undetectable strains to the components of the car seat, and you cannot rely on it to function correctly if you have another accident in the future.
If you have children, it is essential to know and understand these laws to not only avoid fines and other legal penalties but also to ensure your children’s safety in the event of an accident. An improperly worn seat or improperly configured car seat can be just as damaging as the crash itself, and you could even absorb liability for such damages if injuries result from your failure to ensure your children are properly secured in your vehicle.
FAQs About California Car Seat Belt Law
The Kreeger Law Firm has years of experience representing clients in car accident claims, and we have handled many cases involving injuries from improperly worn seat belts and improperly installed car seats. It’s important for every driver to understand the importance of proper seat belt and car seat use. These safety devices can potentially prevent catastrophic injuries, but only when worn and used correctly.
The following are some of the most common questions we hear regarding seat belts and car seats in California.
Can an 11-Year-Old Sit in the Front Seat in California?
Technically, it is legal for an 11-year-old to sit in the front seat of a vehicle in California as long as they meet the height requirements and can wear the lap and shoulder seat belts correctly. Children cannot sit in the front seat unless they are at least 4’9” tall, and the back seat is still the safest place for all children.
How Much is a Ticket for Not Wearing a Seat belt in California?
Wearing a seat belt is a legal requirement in California. An adult who fails to wear their seat belt can expect a ticket for $162 if they are caught by police. If a parent fails to properly secure a child under the age of 16, the fine increases to $490.
What Age Can a Child Stop Using a Booster Seat in California?
California law requires children under the age of 8 to ride in car seats or booster seats. Once a child is 8 years old, they can ride with just a seat belt as long as they are at least 4’9” tall. Parents should be cautious when it comes to booster seats and seat belts for their children. While some children may be technically old enough and tall enough to ride with just a seat belt, booster seats tend to provide better protection for smaller kids.
Is a Back Seat Belt Mandatory in California?
California law requires every passenger in a vehicle to wear a seat belt. If a driver’s vehicle only has two seat belts in the back seat, only two passengers may ride in the back seat and both must use seat belts.
Conclusion
If you recently experienced a car accident and believe your vehicle’s seat belt or a car seat malfunctioned and caused injuries, you may have grounds for a product liability claim. If another driver is responsible for the accident you likely have grounds for a civil action against them as well.
The Kreeger Law Firm can help you determine your best options for legal recourse after a car accident in California. If you have legal questions after an accident, contact us to schedule a case evaluation with an experienced Sacramento car accident lawyer who can guide you through your legal options.
