/Car Seat Laws In Texas
Car Seat Laws In Texas

Car Seat Laws in Texas

Seat belts and child car seats save lives. In fact, half of teenagers and 20 to 44-year-olds in motor vehicle fatalities were not wearing seat belts at the time of the crash, according to the Centers for Disease Control and Prevention (CDC). In order to entice drivers and passengers into wearing seat belts, there are strict laws pertaining to seat belt use. The same goes for child car seat usage. The laws in Texas regarding child safety seats are clear. If you are the driver, you are breaking the law if:

  • A child under the age of 5 or less than 36 inches in height is not in a child safety seat; or
  • A child younger than 17 is not wearing a seat belt

Child Fatalities and Injury Factscar seat in the back seat of SUV

Driving a motor vehicle is dangerous for people of all ages. However, for the very young it is a leading cause of death. Many small children are not properly protected by a seat belt, and an airbag can cause serious injury or death. Because of this, parents need to ensure that their child is properly restrained in a child seat and in the rear passenger seat. According to the Houston Police Department:

  • Motor vehicle crashes are the number one cause of death and serious injury for children over 1 year old;
  • A child under 5 years old who was unrestrained is killed every day in the United States; and
  • Children are safest in the rear seat while properly harnessed in a child seat, booster seat, or in a seat belt if they are older.

My child was in their car seat and injured in a car accident, what can I do?

Ask a Lawyer Now!
Ask a Lawyer Now!

Child Ejections Because of No Seat Belt or Car Seat

You face charges of child endangerment by not properly restraining your child in your vehicle, which seem minor when you consider the risk of injury to your child. In June of 2017, a mother’s son was ejected from the vehicle because he was neither in a car seat nor wearing a seat belt. The mother had sped up to cut off a pickup truck and collided with it, however no damage was caused and both vehicles continued driving.

A short while later, the mother sped into the fast lane on a highway, then cut back over to a slower lane and hit the same truck again, and this time her car flipped over, ejecting her child. The mother faces child endangerment charges, according to Chron.com. Ejections from a vehicle are often fatal.

Child Seat Sizing and Type Guidelines

There are four typical kinds of child seats. These include rear-facing car seats, booster seats, convertible car seats, or three-in-one seats that can also function as a booster seat. We strongly suggest that parents consider the following advice for young children riding in a motor vehicle:

  • If the child is less than 2 years old, use a rear-facing seat and never put the child and child seat in the front seat, particularly where a passenger airbag is present;
  • 2 to 4-year-olds should use a front-facing car seat; and
  • Children 4 years old and older, or children who weighing 40 pounds or more, should use a booster seat with harness.

Call a Houston Attorney

Parents who neglect to use child seats for smaller children, or enforce seat belt use for larger children put their youngsters at great risk of being ejected during a high speed collision or a rollover. For all of your car accident questions, do not hesitate to call a Houston attorney for immediate answers. The law offices of Michael P. Fleming & Associates are here for help today.


Centers for Disease Control and Prevention, Seat Belts: Get the Facts

Houston Police Department, Child Car Safety Seats