Robert L. Fellows
Rob Fellows is a renowned personal injury attorney with over 40 years of experience. As managing partner at Fellows Hymowitz Rice, he is known for his meticulous preparation and aggressive advocacy in the courtroom.
As a parent or caregiver, safeguarding your children's well-being is your primary concern, especially on the road, where unexpected situations can arise instantly. Child car seats have been shown to significantly reduce injury risk, but interpreting New York's car seat regulations can be challenging.
At Fellows Hymowitz Rice, we're dedicated to the well-being of New York families both on and off the road.
Our experience as car accident lawyers in New City has shown us the critical role proper car seat use plays in preventing severe injuries during auto accidents. This helpful guide to New York’s car seat laws is intended to empower you with the knowledge you need to keep your precious cargo safe.
Before we delve into the specifics, it's important to mention the legal foundation of child passenger safety in New York.
The National Highway Traffic Safety Administration (NHTSA) sets federal guidelines for child passenger safety. These guidelines are designed to minimize the risk of severe injuries in the event of a car accident and serve as a baseline for state-specific laws.
New York's car seat laws are primarily governed by Section 1229-C of the New York State Vehicle & Traffic Law, which outlines the requirements for child restraint systems and seat belts for children of various ages.
Here, we’ll break down the specific requirements for each age group and type of car seat. Remember, these laws are the minimum requirements — it’s always best to consult your car seat's manufacturer guidelines for the most appropriate use.
New York law requires that children under the age of two must ride in a rear-facing car seat. This requirement is based on extensive research showing that rear-facing seats provide the best protection for a child's developing neck and spine.
Your child must ride in a rear-facing car seat from birth until age two or until they reach the highest weight or height allowed by the car seat's manufacturer. Make sure the harness straps fit snugly and the chest clip is at armpit level. Never place a rear-facing car seat in front of an active airbag.
Once a child outgrows their rear-facing seat, they should transition to a forward-facing car seat with a harness. Proper use of these seats can help prevent spinal cord injuries in the event of a collision.
Use a forward-facing car seat with a harness for children aged two to four. Continue using this type of seat until the child reaches the seat's height or weight limit. Always employ the top tether for maximum safety.
The law requires children under eight to be secured using an appropriate child restraint system, which includes booster seats for smaller children. These seats are important for preventing nerve damage that can result from improper seat belt placement.
Use a booster seat with a lap and shoulder belt for children who have outgrown their forward-facing car seat. Continue using the booster seat until the child can fit properly in a standard vehicle seat belt.
Children eight and older, as well as those who have outgrown their booster seats, should use the vehicle's built-in seat belts.
The seat belt is considered to fit properly when:
Consult your vehicle’s owner’s manual for more information on the restraint systems in your specific make and model.
Transitioning between different types of child safety seats isn’t just about age — it’s also about your child's size and development. Here are some general guidelines:
Remember that the safest option is to keep your child in their current safety seat until they reach the upper weight or height limit for that seat.
While the laws highlighted here apply statewide, New York City has implemented additional measures to enhance child safety in its unique urban environment.
For instance, while taxis and for-hire vehicles are broadly exempt from car seat laws in New York City, drivers must permit passengers with small children to use them in their vehicles. Parents are responsible for providing and installing the appropriate car seat in taxis and for-hire vehicles.
With the increasing popularity of rideshare services like Uber and Lyft, it's important to note that these vehicles are also subject to New York's car seat laws. When using these services with children:
The parent passenger is responsible for providing a car seat for their child, and the child must remain buckled in for the entire duration of the trip.
Failing to comply with New York’s car seat laws can result in serious consequences, including:
In the most severe cases, non-compliance could contribute to wrongful death in the event of a fatal accident, which would present its own set of repercussions.
Selecting an appropriate car seat is paramount for your child's safety. Here are some factors to consider:
It’s important to be aware that even the most expensive child safety seat won't protect your child if it's not installed properly. Always follow the manufacturer's instructions and, if possible, have your installation checked by a certified child passenger safety technician.
By learning about and following New York’s car seat laws, you can take a major step in protecting your child from potential injuries. Always ensure that your child is properly secured in an age-appropriate restraint system for every trip, no matter how short.
If you've been involved in a car accident and your child has suffered injuries despite using a car seat, don't hesitate to reach out to the dedicated personal injury lawyers at Fellows Hymowitz Rice. We’re prepared to guide you through the legal process and assist you in pursuing the compensation you deserve.
We offer a free consultation to discuss your case and explore your options. Contact us today to learn more about your rights and how we can help you keep your family safe and sound.
Schedule a no-cost consultation with the veteran legal team at Fellows Hymowitz Rice to ensure that your family's rights are fully protected in the event of an accident.