North Carolina Car Seat Law

Ensuring the safety of children in motor vehicles is a top priority for parents and caregivers. North Carolina has strict safety laws in place to protect young passengers, specifically regulating the use of child car seats and booster seats. These laws are designed to reduce injuries and fatalities by requiring appropriate restraints for children based on their age, weight, and height.

Here’s what you need to know about North Carolina’s car seat laws to keep your children safe and comply with the law.

North Carolina’s Child Passenger Safety Law

North Carolina General Statutes (NCGS) § 20-137.1 outlines the legal requirements for child restraint systems in vehicles. The law mandates that children must be properly secured in an appropriate car seat or booster seat based on their age, weight, and height. All drivers, whether they are a parent, guardian, or caregiver, are required to follow these laws when transporting children under 16 years of age.

• NCGS § 20-137.1(a): "Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards."

Age, Weight, and Height Requirements for Car Seats

North Carolina law sets specific guidelines for car seat usage based on a child's size and developmental stage. These are broken down into the following categories:

Infants and Toddlers: Rear-Facing Car Seats

Infants and toddlers under 2 years old or weighing less than 40 pounds must be secured in a rear-facing car seat. This type of car seat is designed to protect a child’s head, neck, and spine by distributing crash forces across the entire body in the event of a collision.

• Best Practice: The American Academy of Pediatrics recommends that children remain in a rear-facing car seat for as long as possible, based on the seat’s height and weight limits, typically until they reach 40 pounds or more.

Toddlers and Preschoolers: Forward-Facing Car Seats

Once a child outgrows their rear-facing car seat, they should transition to a forward-facing car seat with a harness. This is typically when the child is at least 2 years old and weighs more than 40 pounds. The harness provides additional support for the child’s upper body and is essential for their safety during a crash.

• NCGS § 20-137.1(a1): "When a child reaches at least 40 pounds and has outgrown the rear-facing seat, they must be secured in a forward-facing car seat with an internal harness system."

School-Aged Children: Booster Seats

Children who have outgrown their forward-facing car seat should move to a booster seat. Booster seats help position the vehicle’s seatbelt correctly across the child’s chest and lap, providing the necessary protection. Children should use a booster seat until they are large enough for the seatbelt to fit them properly without assistance.

• NCGS § 20-137.1(a1): "When a child exceeds 40 pounds and outgrows the forward-facing seat, they must use a booster seat until they are 8 years old or 80 pounds, whichever comes first."

Older Children: Seat Belts

Once a child reaches 8 years of age or weighs at least 80 pounds, they may transition to using the vehicle’s seatbelt without a booster seat. However, it is important to ensure that the seatbelt fits correctly:

• The lap belt should lie across the upper thighs, not the stomach.
• The shoulder belt should cross the chest and shoulder, not the neck or face.

Additional Car Seat Requirements

In addition to the age, weight, and height requirements, North Carolina’s car seat law also includes the following provisions:

• Back Seat Requirement: Children under 5 years old and weighing less than 40 pounds must be seated in the back seat if the vehicle has an active front passenger-side airbag. This helps prevent injury in the event of airbag deployment.
• Federal Safety Standards: All car seats and booster seats must meet federal safety standards. Car seats should be installed according to the manufacturer’s instructions, and caregivers should regularly check for recalls or safety issues.

Penalties for Violating North Carolina’s Car Seat Law

Failure to comply with North Carolina’s car seat law can result in fines and penalties. The driver of the vehicle is responsible for ensuring that all children under the age of 16 are properly secured.

Penalties for non-compliance include:

• A $25 fine
• Court costs
• Two points added to the driver’s license
• No insurance surcharges (violations do not affect insurance rates)

Additionally, if the violation involves a child under 8 years old who is not properly restrained, the driver may be required to provide proof that an appropriate car seat or booster seat has been purchased.

Why Proper Car Seat Usage Is Critical

Using the correct car seat or booster seat can significantly reduce the risk of injury or death for children in the event of an accident. According to the National Highway Traffic Safety Administration (NHTSA), car seats reduce the risk of fatal injury by 71% for infants and by 54% for toddlers in passenger vehicles. For older children, booster seats can reduce the risk of serious injury by 45%.

Common Car Seat Installation Errors

Installing a car seat correctly is just as important as using the right type of seat for your child’s age and size. Unfortunately, studies show that many car seats are not installed properly, putting children at risk. Here are some common car seat installation errors:

• Loose installation: The car seat should not move more than one inch side to side or front to back when installed.
• Improper seat angle: Rear-facing car seats should be reclined at the correct angle to protect an infant’s head and neck.
• Incorrect harness use: The harness straps should be snug and positioned at or below the child’s shoulders for rear-facing seats and at or above for forward-facing seats.

Seeking Legal Help After a Car Accident Involving a Child

If you or your child has been involved in a car accident, ensuring your child's safety should be your top priority. However, in cases where a negligent driver caused the accident, you may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

At The Law Offices of John M. McCabe, we understand how devastating a car accident can be, especially when it involves children. Our car accident lawyers are dedicated to helping families pursue justice and seek the compensation they deserve for their injuries and losses. If your child has been injured due to someone else’s negligence, contact us today for a free consultation.

How The Law Offices of John M. McCabe Can Help

The attorneys at The Law Offices of John M. McCabe are experienced in handling personal injury cases, including those involving child passengers. We are committed to protecting your rights and ensuring that responsible parties are held accountable for their actions. Let us help you navigate the legal process and secure the financial recovery you need.

If you have questions about North Carolina’s car seat laws or need assistance following an accident, contact us today to schedule a consultation.