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Should I Get My Child Another Car Seat After a Car Accident?

CarSeat

If you were involved in a car accident and your child was in the vehicle, one of the questions you may be asking yourself is, “Should I get my child another car seat after a car accident?” This article discusses the rules for child car seats in Florida and whether you should replace your child’s car seat after a car accident.

Rules for Child Car Seats in Florida

The rules for child car seats are spelled out in Florida Statute 316.613. According to Florida law, children aged five years or below must be properly secured in a crash-tested, federally sanctioned child restraint device. Florida Statute 316.613 has specific requirements depending on a child’s age. If a child is aged three years and below, the restraint device must be a separate carrier or a car manufacturer’s integrated child seat. On the other hand, for children between the ages of four and five, you can use a child booster seat, an integrated child seat, or a separate carrier.

Should I Get My Child Another Car Seat After a Car Accident?

The NHTSA advises that a child’s car seat should be replaced after a moderate to severe car accident. Though the NHTSA recommends replacing child car seats after a moderate or severe car accident, many people choose to replace car seats regardless of the accident’s severity to ensure their children are safe. So the answer to the question, “Should I get my child another car seat after a car accident?” is, if you are concerned about the safety of a child’s car seat, it is best to replace it even if you were in a minor accident.

What Is Considered a Minor Accident?

According to the NHTSA, child car seats don’t automatically need replacement after a minor collision. So, what exactly is a minor car accident? All the following must apply for an accident to be considered minor;

  • You managed to drive the car immediately after the accident
  • No one was injured in the accident
  • The door next to the seat suffered no damage
  • There isn’t any noticeable damage to the seat
  • Airbags didn’t deploy during the accident

If one of the five does not apply, you cannot consider your accident a minor one. If any one of the five does not apply, you should replace the car seat.

Why Should You Replace a Car Seat?

Replacing a child’s car seat after a car accident is crucial because its structural integrity may have been compromised. Using a car seat with compromised structural integrity can put your child at risk. If you are concerned about being able to pay for a new car seat, you should know that if another party is to blame for your accident, you may be eligible to recover compensation, including compensation for car seat damage.

Contact Our Miami Personal Injury Attorneys

Were you and your child involved in a car accident? Our Miami personal injury attorneys at The Pendas Law Firm can help. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Jacksonville, Tampa, Bradenton, Orlando, Ocala, Naples, Melbourne, Daytona Beach, and West Palm Beach areas.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.613.html

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