What effects do children who do not buckle properly have on Florida insurance claims and legal cases?

August 22, 2025

Dennis Hernandez

Using proper child restraint devices in vehicles surpasses safety guidelines because it becomes a legal requirement. The personal injury legal practice often finds that children’s seatbelt issues impact both insurance claim outcomes and legal court decisions. The attorneys at Dennis Hernandez Injury Attorneys recognize that neglecting to buckle children properly creates significant legal complications during court proceedings.

What safety and legal consequences result from improper child restraint methods?

NHTSA statistics demonstrate car seats effectively reduce infant fatalities by 71% and toddler fatalities by 54% in passenger vehicles. Statutes regarding seatbelts exist for dual purposes of protecting public safety while simultaneously preventing potential legal problems.

The failure to properly secure a child in a vehicle creates parental negligence especially when their negligence increases the extent of injuries. When seeking full compensation after a car accident parents must demonstrate proper child restraint compliance because court decisions depend on this requirement.

How do child restraint practices influence fault and liability in personal injury cases?

The state of Florida operates under comparative negligence rules as established by Florida Statute §768.81. The Florida courts distribute responsibility between accident participants according to Florida Statute §768.81. A parent who fails to buckle their child properly may face up to 30% of liability reduction when compensation claims are processed.

The fault percentage assigned to parents for their child restraint mistakes affects the final amount of settlement that parents receive even when the other driver bears full responsibility. Dennis Hernandez Injury Attorneys demonstrates their dedication to fight for your financial recovery through their slogan “We fight to get you paid!”

How do insurance providers act during these situations?

The standard practice of insurance companies during accident investigations includes searching for any evidence to reduce the amount of compensation they need to pay. Insurance companies use unbuckled children to lower settlement awards or even dismiss claims entirely. Insurance policies include state safety law compliance requirements which affect your ability to recover damages when these terms are violated.

When children ride in accidents without proper restraints their parents face higher premiums. The presence of an unbuckled child during an accident creates concerns for insurers because it signals elevated risk which leads to obstacles when trying to obtain new insurance coverage or renew current policies.

What are the different types of restraints for various ages and body sizes?

The correct child restraint system must match both the age and dimensions of a child. Florida Statutes §316.613 requires all children younger than five years old to ride in federally approved child restraint devices.

Infants (under 1 year and <20 pounds): Rear-facing car seat

Toddlers (1-3 years): Rear or forward-facing car seat

Young children (4-5 years): Booster seat

Children need to use seat belts that fit their individual body measurements. The incorrect use of a restraint system demonstrates negligence according to the law.

Why is installation and fit so critical?

The safety performance of child safety seats heavily depends on correct installation methods and proper fit adjustment. According to NHTSA data approximately 46% of car seats are used incorrectly which reduces their protective capabilities.

Ensure:

The seat is securely attached to the car

The harness fits snugly over the child’s chest and hips

The chest clip is positioned at armpit level

Free car seat check services offered by police departments and fire stations help residents determine the proper use of their seats and bring peace of mind.

Can improper restraint use cause changes in child custody or lead to criminal prosecution?

Yes. When children sustain injuries from improper restraint systems their parents may face challenges in family law cases especially when seeking child custody. When a person’s serious negligence causes death or severe injury to children they could potentially face child endangerment charges.

What are the financial consequences for the family?

Accidents resulting in injuries to children generate substantial medical costs that can be very high. These may include:

Emergency room visits

Long-term rehabilitation

Psychological therapy

Your financial resources to support their care will be limited since your improper child restraint system may have resulted in their injuries. Consult with an accident lawyer because it is necessary to determine the liability and get the maximum recovery.

How can proper documentation help protect your legal interests?

It is necessary to gather documentation that will show compliance with the law immediately following an accident.

Take photos of the car seat setup

Retain the car seat manual and receipt

Document inspections or professional installations

The documentation will be crucial in proving your case and preventing negligence claims.

When do you need to reach out to a personal injury attorney?

Time is crucial. Florida has set a two-year statute of limitations (revised in 2023) for most personal injury claims. The longer you delay consulting with an experienced personal injury attorney the weaker your chances become of developing a solid case. Our legal team at Dennis Hernandez Injury Attorneys investigates every aspect of your case to protect your rights.

We have secured millions and millions for our clients and will continue to fight hard against insurance companies that attempt to minimize or deny rightful compensation.

What can Dennis Hernandez Injury Attorneys do for you?

Our attorneys specialize in:

Reviewing accident reports and medical records

Consulting with child safety and crash experts

Challenging insurance company tactics

Demonstrating the full extent of damages

If you are searching for a car accident attorney, a traffic accident attorney near me or a personal injury lawyer we are ready to help. Our goal is simple: “We fight to get you paid!”