When you transport a child in your vehicle, abiding by the state’s rules is not only wise, it may influence the outcome of a personal injury claim should the worst occur. In Florida, the legislation governing child restraints sets clear standards. Understanding how those laws, such as the exact requirements under Florida Statute § 316.613, can affect negligence and fault in an accident is critical.
You may already know that one driver’s careless conduct caused the crash; but if a child was not properly restrained, the question may also turn to whether that failure contributed to the injuries and thereby reduced your compensation. A trusted child injury attorney can help you navigate how these laws apply to your case.
What Florida’s Child Restraint Laws Require
In Florida, any operator of a motor vehicle transporting a child five years of age or younger must provide protection by using a crash-tested, federally approved child restraint device:
- Under the age of 4, children must be in a child seat.
- At the age of 4, kids can move up to a booster seat.
- For children age 6 or older, the seat-belt law applies (though proper fit remains important).
- All drivers, front-seat passengers, and children under 18 must use seat belts or child restraint devices.
These requirements are not merely suggestions—they establish the minimum standard of care for restraining young passengers.
How Failure To Comply to a Car Seat Law Can Affect Negligence in a Crash
Failing to use a required child restraint does more than trigger a traffic citation: it can factor into a personal injury claim. In Florida’s modified comparative negligence system, if your conduct contributed to the harm you suffered, your financial recovery may be reduced.
For example, if a crash was caused by another driver’s negligence, but your child was not properly restrained and the injuries were more severe as a result, the other party’s insurer may argue you share fault. That can lead to a lower award.
In cases involving car seats, several elements may become relevant: Was the device appropriate for the child’s age/size? Was it installed correctly? Was the driver aware of the law and the risks? If the driver failed to meet the statutory requirements, a defendant may claim that they contributed to the injuries.
While the law does not automatically make violation of the child-restraint statute negligence per se in every case, it provides a strong basis for the argument that proper restraint is part of the standard of care.
Talk With Us About Florida’s Car Seat Laws and Whether It Applies In Your Personal Injury Claim
If your child was harmed in a vehicle collision and the proper restraint laws were not followed, you may face the challenge of proving the crash was someone else’s fault and that the failure to restrain did not unjustly reduce your compensation. We help you analyze how fault for the crash and how Florida’s car-seat statutes affect the case.
If your child’s safety was compromised because of another driver’s negligence and someone failed to use the required restraint, reach out to us for a careful review of how Florida’s car-seat laws may affect your path to recovery.
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog.
