Car accidents are the leading cause of death for children under the age of 13.*
Regrettably, many of these children were not using car seats or seat belts at the time of the crash. Yet, car seats reduce the risk of fatal injury by 71% for infants and by 54% for toddlers, according to the National Safety Council.**
We never want to put our children at risk, but failing to use the right car seat can do exactly that. Whether you are taking a road trip or simply running errands, understanding Michigan car seat laws will make every outing safer.
Choosing the right car seat
Michigan law requires all children under 8 years of age, or shorter than 57 inches (4 feet, 9 inches tall), to ride in a car seat or booster seat. But a car seat can’t protect a child if it’s the wrong size. Start with the right seat and use it until the child exceeds either the age or the height requirement, whichever comes first.
There are four main categories of car seats, booster seats and restraints, each with specific age/size requirements:
- Rear-facing car seats are required for babies and toddlers under the age of 2 unless they have reached the maximum weight or height limit designated by the car seat manufacturer.
- Forward-facing car seats are for children 2 or older, or those who have exceeded the weight and height limits of their rear-facing seat.
- Booster seats are for children whose weight or height exceeds the limits of their forward-facing seat. Booster seats are especially important for children ages 4 – 8, who often find seat belts uncomfortable.
- Seat belts are required for children who have outgrown the height and weight limits of their booster seat. In addition, seat belts are mandatory for all drivers, front seat passengers and anyone under the age of 16, regardless of their position in the vehicle.
Sometimes a child is unable to use a car seat or booster seat due to a physical or medical condition. If so, the parent may request an exemption from the Secretary of State so anyone driving the child will not be ticketed for violating the Michigan seat belt laws that would normally apply. The Secretary of State may also specify another means of protection for the child to use.
Front or rear seat?
Michigan car seat laws specify where children should sit in the vehicle based on age and how many other passengers are along for the ride.
Children under 4 must ride in the rear seat of the vehicle, unless all the available rear seats are occupied by other children younger than 4. Then a child under 4 may ride in a car seat in the front of the car.
A child in a rear-facing car seat may ride in the front seat only if the airbag is turned off.
While back seat passengers ages 16 and older are not legally required to wear seatbelts, research shows that seat belts save lives and should be worn by everyone in the vehicle, regardless of age or seat location.
In addition, the American Academy of Pediatrics recommends putting children younger than 13 in the back seat using the appropriate seat or lap/shoulder seat belt. If they must ride in the front, make sure the airbag is disabled.
Avoid these common mistakes
More than 70% of car seats are incorrectly installed***, which significantly reduces their ability to protect a child in a crash. Before installing a car seat or booster, read the instructions from the car seat manufacturer and the vehicle owner’s manual.
The most common installation mistakes are loose harness straps and failing to fasten the car seat securely in the vehicle. Harness straps should fit snugly against the child. Tighten the seat belt used to fasten the car seat until the “wiggle room” is less than an inch from side-to-side.
Don’t move children to a larger seat (or exchange a booster seat for a seat belt) too soon. Wait until the child outgrows the height or weight limit of the current seat.
If possible, avoid purchasing a used child safety seat. If purchasing used, have it inspected by a car dealer or local police or fire personnel. Replace any safety seat that has been involved in a crash.
When fastening a child into a car seat, placing the chest clip level with the child’s armpits will make sure the straps remain in the correct position.
For children old enough to use seat belts, secure the belt across the hips and shoulder rather than across the stomach or neck. Also, make sure they wear the shoulder belt across the chest, not behind their back or under an arm.
For help installing a car seat or determining which type or size is right for your child, visit your local police or fire station.
“Kids learn best by example,” says Mark Bernstein of The Sam Bernstein Law Firm. “After making sure the kids are safely fastened in, buckle your own seat belt, even if you’re only making a short trip to the grocery store.”
Michigan car and booster seat laws are complicated, but finding the right attorney is simple.
For more information or to get your case started, contact The Sam Bernstein Law Firm or 1-800-CALL-SAM for a free, no-obligation remote consultation from the safety of your home.
Sources:
*National Highway Traffic Safety Administration
***NHTSA