Protecting Babies and Children in Automobile Accidents

When you learn that the leading cause of death for children ages 4 to 14 is car accidents, you realize the importance of using the right restraints for babies and children in a moving vehicle. The numbers are shocking – in 2006, 240,000 children were injured in automobile accidents and 2,173 were killed, which averages out to 658 injuries and 6 deaths each day. What is unfortunate for these children is that more than half of those killed in automobile accidents were unrestrained – that means they were traveling without a seat belt, car seat or booster seat as their age required. According to the NHTSA, child safety seats can reduce the risk of death by 71% for infants, and by 54% for toddlers ages 1 to 4 years. For children 4 to 7 years, booster seats reduce injury risk by 59% compared to safety belts alone.

New York State's Occupant Restraint Law requires that:

• Children less that 4 years old must be restrained in a child safety seat that meets Federal Motor Vehicle Safety Standard 213.
• Children less than 4 years old but weighing more than 40 pounds may be restrained in a booster seat with a lap shoulder belt.
• Children ages 4, 5 and 6 must be properly restrained in an appropriate child restraint system, one that meets the child's height and weight recommendations according to the child restraint manufacturer.
• Back seat passengers up to age 16 must be properly restrained, either in the appropriate child restraint system or by the seat belt if over age 6.

Keep in mind that these laws are only a minimum requirement for restraining children in a car. Many experts recommend keeping babies and toddlers rear-facing as long as possible, and keeping older children in an age and size appropriate forward facing car seat as long as possible. In fact, the NHTSA recommends booster seats for children until they are at least 8 years of age or 4'9" tall. Regardless of age, proper restraint use for all children is immensely important, as the leading cause of permanent brain damage is car accident trauma, and a child’s head or spine is injured in 70% of all automobile crashes.

Why Rear Facing is Safest for Babies

Infants are required by law to ride rear-facing in car seats to better protect their fragile bodies. An infant’s head is very large in proportion to the rest of his body and accounts for approximately 25% of their body weight, while an adult’s head is only 6% of his or her body weight. Babies also have a soft spinal column and very flexible neck ligaments which mean their brain and spinal cord are even more susceptible to injury in an accident.

If a baby or young toddler rides forward facing and is involved in a car accident, their neck bones can easily separate and their spinal column can tear, which could result in death or paralysis. Babies or young toddlers that ride rear-facing are much better protected in an accident, as the car seat is able to support and protect their head, neck and body. If you are interested in rear facing your baby or toddler as long as possible, there are car seats on the market that allow children as large as 35 pounds to rear face.

Finding the Best Seat for You

Confused about car seats, booster seats with backs and those without? It’s no surprise. With many products on the market today, it can be difficult for parents to decide what is right for their child and their family. Here are some resources to help you find the best seat:

• American Academy of Pediatrics – Car Safety Seats: A Guide for Families 2008
• Car-Saftey.org - Carseat Buying Guide
• NHTSA – Child Safety Seat Ease of Use Ratings
• Consumer Reports – Buying Advice for Car and Booster Seats

Finally, for kids under the age of 16 statistics show that the back seat is safest. While your teenager probably won’t like the idea of being stuck in the back seat so long, it will reduce the likelihood of a serious injury by 40%.

Use that Seat Correctly!

You can do all the research, talk to all the experts, and evaluate all car seat models – but if you don’t install your car or booster seat correctly, it won’t keep your child safe. Your best bet is to consult a certified car seat technician, who can help you install your seat correctly and give you advice on its use. Here are some things to look out for:

• Use a current car or booster seat. Most manufacturers include an expiration date with their car seat, which is typically 5 to 8 years from the date of manufacture. So, if this is your second or third child, it may be time to invest in a new seat. Experts also recommend that you avoid buying or accepting a second-hand carseat, as you can’t be certain of its history.
• Install your seat correctly. First and foremost, read and follow your seat’s owner’s manual for both installing the seat in your car and for buckling in your child. According to the NHTSA, approximately 72% of car seats in use today may be used or installed in a way that would not adequately protect a child in a crash. The three most common mistakes when using a child seat are: not tightening the harness enough, 2) not using the chest clip or not positioning it correctly, and 3) not installing the seat correctly in the vehicle.
• Get help with the install. If you have questions about your car seat installation or want to be certain that it is installed properly, you can visit a child safety seat inspection location. Most towns have professionally trained car seat technicians available at no cost to help you install your seat or to inspect a seat you installed yourself. You can find such a location using the NHTSA’s Child Safety Seat Inspection Locator online. There are also many on-line resources for safety information, including the NHTSA’s own Transportation Safety Tips for Children website.
• Replace the seat after a moderate to severe crash. If you’re involved in an accident, you should consider replacing your carseat. The NHTSA stops short of recommending replacement for carseats involved in minor accidents, however they do recommend replacing carseats involved in moderate to severe accidents.

If you’ve been involved in an automobile accident, then Peter Panas wants to help you get the justice you deserve. Contact us today and find out how we can help you get your life back on track.

Law Office of Peter Panas, PC
11 Penn Plaza, 5th Floor
New York, NY 10001
Phone: 212-946-4748
Fax: 866-805-2522