Auto accidents are among the top causes of severe injury and death in children. The risk of being seriously injured or killed in an auto accident increases when a child is not properly secured in a child restraint seat that is fastened into place. Studies have shown that safety seats can reduce the risk of potential injuries by 82% and the risk of death by 28% as compared to being secured with a vehicle’s seatbelt alone.
In Illinois, The Child Passenger Protection Act requires all children under the age of 8 to be secured in a child restraint system that is age appropriate when they are being transported in a non-commercial motor vehicle. It is also important to read and follow all the safety guidelines and vehicle manufacturer instructions for height and weight requirements and installation for the specific child restraint system you are using as well.
The child car seat laws by age include:
Newborn-2 years old:
Effective January 2019, Illinois law requires all children under the age of two to be properly secured in a rear-facing child restraint system unless they weigh more than 40 pounds or are more than 40 inches tall. Children must remain rear facing until the age of two.
Children that are riding rear-facing must use a rear-facing only car seat or a convertible car seat installed rear-facing. Never should a rear-facing car seat be used in front of an active air bag. Other important installation information includes:
- Follow the recline indicator when installing the safety system rear-facing
- The child’s head may need to be at least an inch below the top of the safety seat while riding rear-facing
- Harness straps/slots should be at or below shoulder level when rear-facing
- Harness straps should be snug, and the harness clip should be at the child’s armpit level
Ages 2-4
Children should remain in the rear-facing seat for as long as possible, only transitioning to a front facing seat with a harness system when they outgrow the height and weight requirements of their rear-facing safety seat.
A child should continue to use the internal harness system until the upper height or weight limit is reached. The harness straps and slots should be at or above shoulder level when the child is forward-facing, the harness straps should be snug, and clips should be at armpit level and the top of the child’s ears should not be above the top of the car seat when they are facing forward.
Ages 4-8
Children should remain in the forward-facing car seat until they reach the upper height and weight limits as recommended by the seat’s manufacturer. When the child outgrows the forward-facing car seat, they will then transition to a booster seat with belt positioning.
When securing the child into a booster seat, the lap and shoulder belt must be used, with the lap belt laying across the child’s thighs (not their stomach), and the shoulder strap should rest across their shoulder and chest (not their neck of face). If the booster seat has a back, the child’s ears should not sit above the top of the back of the booster seat, and if using a backless booster seat, the vehicle’s head rest must be positioned properly.
Ages 8-12
Children should remain in a booster seat until they are tall enough to fit in an adult lap and shoulder belt properly. The lap belt should lay across their thighs, the shoulder belt should rest across the shoulder and chest, and their back should be against the back of the seat. Their knees should bend easily over the front of the seat and their feet should rest flat on the car floor.
If you plan on transporting a child in your vehicle, Illinois’ Secretary of State makes the following recommendations to keep them safe:
- Keep children in rear-facing car seats as long as possible
- Do not let any child under the age of 12 ride in the front passenger seat
- Avoid using a used car seat or safety restraint as you do not know the history of the restraint
- Do not use a safety device that is more than six years old or past the expiration date
- Do not use non-regulated items attached to a car seat unless the car seat manufacturer allows its use
- Keep all loose objects in the trunk or tied down to avoid them becoming a projectile in the event of an accident
The Secretary of State’s office also provides safety seat inspections by certified safety seat technicians at many statewide Drivers Services facilities which can be scheduled at 866-247-0213.
If your child was injured in an accident, an experienced personal injury lawyer can help. We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
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