Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne & Francis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 293-2600.
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Failing to take proper safety measures when transporting minors in Florida can result in an infant or child suffering significant injuries. Below, we’ll examine the state’s guidelines for protecting your child or a minor in your care.
Our experienced Florida auto accident attorneys fight for the underdog by taking on large businesses like insurance companies. We relentlessly advocate for the financial compensation your child deserves. Schedule a free consultation if you or a loved one were injured due to someone else’s negligence by calling (561) 293-2600 or contacting us online.
Florida drivers face a significant risk of suffering injuries in a car accident. According to research, car accident statistics in Florida reflect some of the highest incidents of driver negligence across the country. Minors in your care depend on you to protect them when the unexpected occurs.
In fact, Florida ranked third among states with the highest number of child traffic fatalities in 2022, with 89 deaths.
That said, these laws not only protect infants and children but also shield you against legal action for negligence in failing to secure a child in transport properly.
Choosing the best type and style of restraint system for a child is necessary to protect against common car accident injuries. Placing a child in a car seat with improper installation or in the wrong-sized seat does not allow car seats to function when an accident occurs.
The following Florida statute (Fl. Stat. §316.613) outlines the car seat age in Florida for minor passengers to prevent you from fines and points against your driver’s license:
The law requires protecting children age five or younger with a properly used, crash-tested, federally approved child retaining device. Reading the car seat’s use and installation instructions is critical to its effective use. Reviewing car seat recalls and signing up for safety alerts to remain aware of potential defects helps ensure a car seat’s safe functioning.
No specifications exist about a child’s height and weight and the type of car seat in Florida car seat laws. Florida Highway Safety and Motor Vehicles (FLHSMV) states that a car seat that fits your child’s size is optimal, leaving parents or caregivers to decide what works best.
It is always good practice to evaluate a child’s car seat frequently because children experience growth spurts in development, potentially changing the type of car seat they may require.
While Florida law does require that children five and under be secured in a crash-tested, federally approved child restraint, the statute offers limited guidance on what that actually means. The term “child restraint system” isn’t clearly defined, which can leave parents unsure about what type of seat is appropriate for their child’s age, size, or developmental stage.
Understanding the differences between rear-facing, forward-facing, booster seats, and more can help you make the safest choice for your child’s protection. Here's what you need to know about each option:
Children should stay rear-facing as long as the car seat and weight limits allow. Some manufacturers are designing car seats that can accommodate rear-facing for much longer than before. Children up to age three may benefit from the safety of a rear-facing seat or until they reach the car seat’s height and weight limits that permit forward-facing.
While it depends on the exact model, rear-facing car seats are ideal for children up to 22 to 35 pounds and 26 to 35 inches. However, some convertible and 3-in-1 seats often allow children to remain rear-facing up to 40+ pounds before moving on to the front-facing position.
Older toddlers and preschoolers who outgrow rear-facing seat limits may benefit from progressing to the forward-facing car seat stage. This generally happens around 2 years of age and in the 40 to 50-pound range.
Some children may continue using a forward-facing car seat until around age 7, while others may be ready to transition to a booster seat as early as age 4, depending on their size and the seat manufacturer’s guidelines.
Children outgrowing the height and weight criteria for car seats will progress to a booster seat. Unlike forward-facing seats that have a built-in harness system, booster seats are designed to work with the vehicle’s seat belt. The purpose of a booster seat is to elevate the child so that the seat belt fits properly.
A booster seat, in conjunction with a seat belt that fits snugly across a child’s chest and shoulder, is recommended. The back seat remains the safest place for your child in a booster seat.
All drivers and passengers in Florida must wear a seat belt. When a child outgrows a booster seat, the next step is to use a seat belt for proper restraint. Operating a vehicle without all passengers meeting car seat or restraining standards violates the law.
The right car seat correctly corresponding with a child’s height and weight, can help protect children against car accidents caused by negligent drivers.
Schedule a consultation online at one of our Florida locations or call (561) 293-2600 if your child is injured in a car accident.
Because of Florida’s no-fault negligence laws, the cost of covering car accident injuries occurs through Personal Insurance Protection (PIP). However, when injuries exceed your PIP insurance limits, filing a claim against the at-fault driver’s insurance may be necessary. Because children who suffer injuries in a car accident may require ongoing medical care, effectively determining fault in a car accident can protect the recovery of damages a child may experience in a Florida car accident.
Another driver may be liable for committing one of the following common causes of car accidents in Florida. However, individuals responsible for the care and safety of your child may also be liable if your child sustains injuries in a car accident.
Failing to use a car seat, incorrectly installing the car seat, or using a car seat in a way other than the manufacturer’s recommendations may lead to the following individuals being responsible for a child’s injuries:
Instances may occur when a car seat manufacturer is liable for a child’s damages. Dangerous or defective products resulting in injury may fall under Florida’s strict liability laws. Our firm's Florida defective product liability lawyers have successfully secured noteworthy verdicts and settlements in Florida product liability cases.
A car accident’s documentation is particularly vital when the injuries your child suffers require you to file a civil lawsuit. One of the most convincing forms of evidence is photographs. Photographic evidence often wins car accident cases when a Florida car accident attorney uses it with other documentation to prove negligence.
Taking pictures of the accident scene can help determine the role of negligence in a car accident. Additionally, photographing that you meet car seat requirements in Florida can demonstrate your role in protecting a child in a car accident. Photographs may also illustrate the lack of proper use of a car seat by someone responsible for transporting your child.
Improperly used car seats and failing to follow car seat laws in Florida can increase your child’s chance of injury. Increased injuries can significantly impact a Florida car accident settlement.
One of the surest ways to know you are following laws that protect the children you care for is by visiting a Florida child safety seat fitting station to have a Child Passenger Safety (CPS) technician demonstrate the safe use of safety seats, booster seats, and seat belts.
Never guess about a child’s car seat, the legal requirements for use, and the best practices for using a car seat based on Florida car seat laws. If another adult is transporting your child, asking about the car seat they plan to use is okay.
Our firm's Florida car accident attorneys fight to protect individuals at risk of sustaining life-threatening injuries in highway accidents. Children are particularly vulnerable to injuries in car accidents when drivers fail to meet car seat requirements under Florida law. Car seats are an effective tool in preventing tragedies from occurring.
Contact the personal injury lawyers at Osborne & Francis if your child sustains injuries due to negligence in a car accident. Another driver, a car seat manufacturer, or someone responsible for safely transporting your child may be liable for their damages. A comprehensive evaluation of your claim may help provide a better claim settlement or verdict should your case go to trial.
Schedule a free consultation online with a trusted Florida auto accident attorney. You may also call our office at (561) 293-2600. Your child’s recovery is vital to their flourishing in the future.
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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne & Francis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 621-1385.
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