What are the Car Seat Laws in Virginia?

Car seat laws protect infants and children riding in a vehicle by ensuring they are correctly restrained. These seats must be age and size-appropriate to offer maximum protection to a child should an accident occur.

States have varying laws about car seats, including when they should be rear-facing, when they need to be switched to face toward the front of the vehicle, when a child is ready for a booster seat, and when seat belts offer the proper protection.

Car seats should be placed in the center of the back seat of a vehicle (or the passenger rear seat if the seat does not fit in the center rear seat). They can only be in the front passenger seat if there is no back seat, the vehicle is not equipped with a passenger-side airbag, or the passenger-side airbag has been turned off. Airbags inflate at speeds up to 200 mph and can seriously injure or kill passengers sitting close to them. Children are generally more likely to sit too close to an airbag.

Children should sit in a rear-facing car seat as long as possible—until they reach the maximum weight and height the seat manufacturer recommends. Here is an overview of Virginia’s car seat laws:

Babies

Infants under age one should always be secured in a rear-facing car seat. Convertible and all-in-one car seats usually provide higher height and weight limits for the rear-facing position, which allows them to stay in a rear-facing seat longer. Once the child outgrows the rear-facing car seat, they are ready for a car seat that faces forward.

Ages 2-7

Once a child has outgrown their rear-facing car seat, they should ride in a forward-facing seat with a five-point harness until they exceed the seat’s maximum weight and height limitations. A five-point harness attaches at the shoulders, hips, and between the legs. Five-point harnesses are considered safer than three-point harnesses because they transfer the force of the impact to the child’s more rigid body parts (bones) instead of soft body parts (their abdomen). A five-point harness has been found to lower a child’s injury risk significantly.

A child under eight who has outgrown their forward-facing car seat should use a booster seat. A booster seat elevates and positions the child so the vehicle’s lap and shoulder belt fit properly over the child’s hips and chest.

Age 8 and over

Virginia children eight years old and older can use seat and shoulder belts. However, if the seat belt doesn’t properly fit the child, they should continue to use a booster seat. Seat belts fit properly when:

• The child’s back is against the seat, their knees bend over the edge of the seat, and their feet are flat on the floor.
• The shoulder belt should be across the chest, halfway between the shoulder and neck. When not in a booster seat, a child typically must be a minimum of 4’9” tall.
• The lap belt should be low and snug across the child’s hips, touching the upper thighs.

Those who fail to have a child restrained in a car seat while riding in a vehicle can be fined $50 for a first offense and up to $500 for a second or subsequent violation. The fines collected go into a fund to buy car seats for low-income families.

How to install a car seat

When installing a car seat in a vehicle and fitting it to your child, follow these steps:

• Refer to the manufacturer’s instructions in the vehicle owner’s manual or attend a Car Seat Checkup event or fitting station.
• Install the car seat snuggly with a safety belt or LATCH (Lower Anchors and Tethers for Children) to keep it secure.
• Ensure that the harness straps fit flat against the child’s shoulders and chest. They should be snug enough that there is no slack in the straps at the child’s shoulders.
• For rear-facing car seats, use the harness straps through the slots at or below the shoulders. For front-facing seats, use the harness strap slots at or somewhat above the shoulders.
• The harness retainer clip should be placed at armpit level.
• Check to ensure that the car seat does not slide forward or from side to side more than one inch.

Child passenger safety (CPS) technicians receive instruction from the National Child Safety Certification Program administered by Safe Kids Worldwide. They attend various activities and events where they help parents and other caregivers properly install car seats and seat belts.

What happens if a car seat is not properly installed or is defective?

If a car seat is installed improperly or is defective in some way, it can lead to serious injury. The most common errors people make when installing car seats include:

• Wrong recline angle for rear-facing seats
• Loose car seat and harness installation
• Harness worn behind the arms, legs, or back in forward-facing seats
• Incorrect lap belt and should belt position when using booster seats

Replacing car seats after a crash helps protect children riding in a vehicle. The NHTSA says children’s car seats should be replaced after a moderate or severe collision but do not automatically need replacing following a minor crash. A minor crash is one in which all the following statements are true:

• The vehicle is drivable after the accident.
• The door nearest the car seat was not damaged.
• No one riding in the vehicle sustained injury in the crash.
• The airbags did not deploy during the collision.
• The car seat does not have any visible damage.

However, if a car seat manufacturer recommends replacing the car seat after any accident (even a minor one), you should do so.

At Phelan Petty, we take children’s safety seriously. If your child was injured or died in an accident in the Richmond, VA, area caused by another party’s negligence or due to a defective car seat, you may be entitled to compensation for your losses. The experienced auto accident and product defect lawyers at Phelan Petty have successfully handled many cases involving defective products designed for use by infants and children. Call us or fill out our contact form to schedule a free consultation with an experienced car accident attorney today.