What Are the Consequences of Improper Car Seat Use During Crashes?

November 20, 2025

Dennis Hernandez

Florida takes vehicle child safety very seriously, and has special laws in place regarding car seats to mitigate the effects of accidents. When car seats aren’t installed or used properly, children can be injured, and parents — or even caregivers — could face legal issues. Cases involving child car seat misuse Florida require careful legal guidance, as understanding liability laws after proper interpretation helps families take better safety measures and protect their children.

What Are Florida’s Legal Requirements For Using Child Car Seats?

Children from birth to 5 years old must be secured in a federally approved child-restraint seat as required by Florida Statute §316.613. Here’s how it breaks down:

Babies and toddlers have to travel in rear-facing car seats that meet federal safety standards.
Children aged 4 or 5 should be riding in a car seat, or a booster seat.
Children over six years must be seat belted but can ride with a booster until the factory seatbelt fits well.

These child restraint laws are intended to keep children from getting seriously hurt in car crashes. There are consequences to these rules which result in fines as well as increased exposure for injury claims.

What Are The Main Child Car Seat Misuse Problems That Occur?

A National Highway Traffic Safety Administration (NHTSA) study reports that 59 percent of parents use car seats incorrectly which can reduce their effectiveness. The most frequent errors include:

Infant airway injury is especially high when car seats are at an inappropriate recline.
Slack harness straps: Can result in ejection in a crash.
Risk of injury: If the seat is not designed fit for a child’s height and weight, the risk of an accident can increase.
If the base or latch system is improperly installed, the car seat is worthless.

Free car seat safety checks are conducted by firehouses and trained technicians. They do a good job of preventing injuries and lawsuits.

What Legal Consequences Can Result From Incorrect Car Seat Use?

Misuse of a child car seat has criminal penalties and may also result in orders against you in the civil action.
The failure to comply with Florida seat belt and child restraint laws will levy a fine and points on the driver’s license.
Uninsured motorist or underinsured motorist coverage settlements under the rules of comparative fault in Florida (Fla. Stat. 768.81) may be reduced if opposing parties or their insurance companies can show that a child’s injuries in a car crash resulted from child car seat misuse in Florida.
Your liability will be higher if you hit someone and the child was not buckled in.

Does Improper Car Seat Use Impact A Personal Injury Case?

Yes. Car seat misuse can be used against you if found to be a factor in the injury of your child in personal injury cases involving car accidents children are much more likely to sustain an injury.

Lessen the Payout: Your damages award can be reduced by the percent that you are recognized to be at fault on your own.
Insurers may reduce your claims amount because they feel the car seat misuse is directly responsible for the injuries.

A car crash lawyer can help you address these issues and stand up for your rights. We fight to get you paid!

What Other Seat Belt Laws Should Florida Drivers Know Besides Child-Specific Rules?

The Florida law (Fla. Stat. §316.614) establishes the following requirements:

All occupants of the front seat to wear a seat belt.
From kids under the age of eighteen, all seating positions call for active use of seatbelts.
Noncompliance is a primary offense, so that officers can pull over and cite drivers for not buckling up.

What Can You Do To Ensure Proper Use Of Your Child’s Car Seat?

All parents or guardians should follow these steps in order to use their child’s car seat properly:

Pick the right car seat for your child’s weight, height and age.
Each seat needs its own set of instructions from the manufacturer for installation and adjustment.
The seat registration service will provide you with information on recall alerts.
Safety checks performed by a certified technician ensure that your installation meets all the proper standards.

What Steps Should You Take After A Crash Involving Your Child?

Insurers scrutinize every detail of cases involving children who are injured during collisions. If the insurance company finds anything that suggests misuse or negligence at all during this process, they will absolutely reduce your claim.

With the assistance of a car accident lawyer, your rights are fully protected through careful evidence gathering and professional defense, including cases involving child car seat misuse in Florida. Dennis Hernandez Injury Attorneys has secured millions of dollars for its clients, and our firm has a complete understanding of the legal and emotional challenges these issues present.

Which Types Of Compensation Does Florida Offer To Children Who Get Injured?

The law acknowledges that you have the right to recover damages for harm your child endures due to another person’s negligence.

Medical expenses (current and future)
Pain and suffering
Emotional distress
Loss of enjoyment of life
Permanent disability or disfigurement

A professional in that area of the law will work to uncover evidence that any mishandling of said car seat wasn’t what caused the child’s injuries.