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Are You Affected By the New Florida Child Passenger Law

February 2, 2015 | Category: Child Injuries | Share

"Children's safety while riding in vehicles is of upmost importance. The CDC reports that motor vehicle injuries are the leading cause of death among children in the United States," says Charlotte, Collier and Lee County Child Injury Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

According to a joint study by the American Automobile Association Safety Foundation, the American Academy of Pediatrics, and the National Highway Traffic Safety Administration, Florida has had the weakest child passenger safety laws in the country. This all changed on January 1, 2015.

Child in FL approved booster seat - Spivey Law Firm, Personal Injury Attorneys, P.A.The newly-strengthened child passenger law is based, in part, upon the size of a child not only their age. Under the new law, children need to be in a crash-tested, federally-approved child restraint seat until they are six years old. In the past, they were only required to be in this type of  seat until they were 3 years old. 

The American Academy of Pediatrics recently published a study in their highly-respected magazine, Pediatrics, which said that booster seats can reduce the risk of injury by 45 percent over just using a seat belt. Seat belts cross over children's necks and stomachs which can lead to serious injuries in an accident.

The January/February 2015 AAA Living magazine has provided a useful set of guidelines which take into account the new law and the best recommendations from the above-listed safety  organizations.

They are as follows:

  • Rear-facing seat - Children should ride in this seat until age 2, or when they reach the upper height or weight limit of the seat, typically about 35 pounds.
  • Forward-facing seat - Your child should have a forward-facing seat with a harness until the child reaches the manufacturer's upper height or weight limit, about 40-65 pounds.
  • Belt-positioning booster seat - Until children are at least 4 feet 9 inches tall, keep them in this type of seat.
  • Lap and shoulder belts - Be sure the lap belt lies across the hips and the shoulder belt across the center of the shoulder and chest.  Your child's legs should bend comfortably at the seat's edge, with the legs resting flat against the seat. Once the seat belt fits properly without a booster seat, your child should not need a special seat.  All children under 13 should sit in the back seat.

A University of Michigan Transportation Research Institute study reported that close to 75 percent of parents reported they turned their child(ren)'s seat around before their child(ren)'s second birthday. The lead author of the study, Michelle L. Macy of the University of Michigan's C.S. Mott Children's Hospital, says delaying the switch can make a big difference.

The Sun-Sentinel reported January 6, 2015 that the American Automobile Association(AAA) was giving away free booster seats on a first-come, first-served basis to help parents meet the requirements of the new law.

"As an experienced Florida child personal injury attorney, I have seen the tragedy of the loss of a child due to an accident. I urge those carrying children in their vehicles to protect their children by following the law and using the correct child restraint systems to help prevent these accidents," says Attorney Spivey.

 

Lee, Collier and Charlotte County Child Injury Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

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