Booster Seat and Car Seat Laws in Texas
If you’re a parent, guardian, or anyone transporting children, understanding booster seat and car seat laws in Texas is non-negotiable. These laws exist to reduce serious injuries and fatalities in crashes, especially since motor vehicle accidents remain a leading cause of death for children in the U.S.
Texas law sets specific requirements based on age, weight, and height. But beyond the legal mandates, these rules reflect medical research and safety recommendations proven to protect young passengers.
What Texas Law Says About Car Seats
Under Texas Transportation Code § 545.412, all children under the age of eight must be secured in a child safety seat system unless they are taller than 4 feet 9 inches.
That includes:
- Rear-facing car seats for infants
- Forward-facing car seats for toddlers
- Booster seats for older children who have outgrown their forward-facing seats
Once a child reaches age eight or passes the height requirement, they can legally use a regular seat belt. However, this does not automatically make them safe.
Rear-Facing Seats: Birth to Age 2
Texas doesn’t specify rear-facing requirements by age, but American Academy of Pediatrics (AAP) guidelines are widely recommended:
- Keep infants and toddlers in a rear-facing seat until they are at least 2 or until they outgrow the manufacturer’s height and weight limits.
- Rear-facing seats should never be installed in front of an active airbag.
Rear-facing seats provide the best head, neck, and spine protection in the event of a crash.
Forward-Facing Seats: Age 2 to 4 (or longer)
Once a child outgrows their rear-facing seat, they should transition to a forward-facing car seat with a harness.
The following guidelines should be followed for forward-facing seats:
- Typically used from ages 2 to 4
- Must meet federal safety standards
- Should remain in use until the child outgrows the harness system (usually between 40 to 65 pounds)
Parents should regularly check the manufacturer’s guidelines to ensure proper fit and safety as the child grows.
Booster Seats: Age 4 to 8
After a child outgrows their forward-facing seat, Texas law requires them to ride in a booster seat until they:
- Are 8 years old, or
- Are taller than 4 feet 9 inches
Booster seats position the vehicle’s seat belt correctly over a child’s body, preventing abdominal and neck injuries in a crash.
When Can a Child Use a Regular Seat Belt?
Children over 8 or taller than 4’9” can legally use a regular seat belt, but that doesn’t mean they should.
Proper seat belt fit means:
- The lap belt lies snugly across the upper thighs (not the stomach)
- The shoulder belt crosses the chest and shoulder (not the neck or face)
If a child slouches or places the shoulder belt behind their back, it’s not a safe fit even if they meet the legal requirements.
Penalties for Breaking Car Seat Laws in Texas
Violating Texas child restraint laws can result in:
- Fines up to $250
- Court fees and surcharges
- Points on your driving record
More importantly, failing to properly restrain a child increases their risk of serious injury or death and can factor into liability in the event of a crash.
Legal Responsibility and Civil Liability
If you’re transporting a child as a parent, grandparent, babysitter, or rideshare driver, you’re legally responsible for ensuring they are properly restrained in a proper car seat.
In a personal injury case, failure to follow child restraint laws could affect:
- Insurance claims
- Comparative fault arguments
- Wrongful death lawsuits involving children
Proving that proper restraints were (or weren’t) used can significantly impact the outcome of a case.
Contact the Dallas Car Accident Lawyers at Benton Accident & Injury Lawyers for Help Today
Texas law requires children under 8 (unless taller than 4’9”) to be secured in a car or booster seat appropriate for their size. Parents and drivers who fail to comply face legal penalties and, more importantly, increased risk to the children in their care. Following the law isn’t just about avoiding tickets. It’s about keeping kids alive.
If you or your child has been injured in a car accident in Dallas, TX, please contact the experienced Dallas car accident lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
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