With more than 2,600 children under the age of 13 being seriously injured in car crashes every day in the United States, according to the NHTSA, the state of Georgia has issued legislation to ensure children are safely secured in a child passenger restraint system when riding in a vehicle.
According to Georgia Code 40-6-76, children under eight years of age must ride in an approved child restraint system and be restrained by a safety belt approved by Federal Motor Vehicle Safety Standard 208.
Safety standards require that all designated seating positions in a vehicle have a Type 1 seatbelt (lap belt) or a Type 2 (lap and shoulder belt) seat belt assembly with a detachable upper torso portion.
Georgia Laws and Regulations Pertaining to Car Seats and Booster Seats
A sobering statistic in Georgia is that automobile accidents are the leading cause of death and injuries for children ages 1 to 12 years old, according to the National Highway Traffic Safety Administration (NHTSA). A major contributor to these horrific accidents is the improper use of car seats. Studies by the NHTSA have shown that when car seats are used correctly, they are 71% effective in preventing injury among infants and 54% for children ages 1-4.
Georgia lawmakers are also making an effort to lower these statistics by passing strict laws and regulations for car seat safety. According to the most current Georgia Laws:
- All children under the age of eight whose height is less than 57 inches must ride in the back seat of a car. This is to protect them from the force of the airbag in case of an accident. Airbags are meant for adults and can be harmful to children.
- Children under the age of eight are required to be in a car seat or booster seat suitable for their age and height.
- Vehicle with no back seat (e.g., truck, 2-door coupe), or if the back seat is taken by other children, Georgia Law allows a child under the age of eight to sit in the front as long as the proper car seat or booster is utilized.
- If an officer observes a seat belt offense, then under Georgia’s Primary Safety Belt Law, they can pull the vehicle over and issue a citation.
Penalties for Violating Car Seat Laws in Georgia
According to a recent report from the Atlanta Journal Constitution, 44% of all traffic deaths in Georgia were shown to be due to passengers and drivers failing to wear their seatbelts. The lack of seatbelt safety in Georgia has been so glaring as of late that Senator Tonya Anderson sponsored Senate Bill 160, which would require ALL occupants in passenger vehicles to wear seat belts. The bill has not been passed as more research is needed before a decisions is made. In the meantime, local and state police in Georgia are permitted to hand out citations, which can carry the following penalties:
- Fines: A first-time offense will result in a $50 fine, while subsequent violations will cost up to $100.
- Points on Your License: Each violation adds one point to your driving record.
- Increased Insurance Rates: Accumulating points can lead to higher insurance premiums.
Can You Recover Compensation for an Accident if You’re Child is Injured in an Accident While Not Properly Seated?
If you’ve been in an accident that was another driver’s fault and you or your child were injured, you may be entitled to file a personal injury lawsuit. However, if your child was not properly restrain in a car seat or booster seat, then it may make recovering the full extent of your damages more difficult.
The state of Georgia follows modified comparative negligence laws, which essentially means you can still recover compensation as long as you bear less than 50% fault. In the situation where you child is not safely restrained, this can be difficult to prove. But that’s where hiring a lawyer to protect you from liability and ensure your injured child is compensated.
At Weaver Law Firm, we have over 20 years representing injured victims throughout North Georgia. Our firm has the resources to connect your child to immediate medical attention and ensure you recover compensation, even if you were partially at fault. Contact us today for a free consultation to discuss your legal options.
Can I File a Lawsuit on Behalf of My Child?
When a child is injured in a car accident, they reserve the same right as an adult to recover compensation. However, a child cannot file a lawsuit or pursue legal action under Georgia Law, nor are they permitted to enter into settlement agreements. Instead, parents or legal guardians have the option to file a lawsuit on behalf of their child.
If the parent does not want to file a lawsuit, they can wait until the child is eighteen years old and considered an adult, so they can file a lawsuit on their own behalf. According to the Statute of Limitations in Georgia, a minor has two years from the day they turn 18 years of age to file a personal injury lawsuit.
Compensation Available for Child Injury Cases
The value of a child injury claim varies widely from case to case. The amount of compensation your child can receive will be largely dependent on the financial value of their losses.
Childhood injuries can cause permanent impairments and significantly impact their future. Also, if their injury requires extensive and ongoing treatment, then the value of their case will most likely be relatively high. Here is a list of factors that may contribute to the value of your child’s injury claim:
- The severity of your child’s injury
- The cost of your child’s medical treatment to date
- Any special needs created by the injury
- Whether your child requires ongoing medical care, rehabilitation, or therapy
- The expected long-term impact and recovery time
- Your child’s educational prospects and earnings after the accident
- Changes to your family’s quality of life post-accident
Contact Weaver Law Firm
Nothing is worse than seeing your child injured, especially when the accident could have been prevented. It’s a helpless feeling. However, there are legal options to protect your child’s future and ensure your family is financially secure after an accident.
The team at Weaver Law Firm is standing by to help guide you through the legal process to ensure you get the compensation you need. Contact us today to schedule a free consultation and learn more about your legal options.