Car seat laws change frequently, and it is important for parents to review these laws regularly. In the state of New York, the car seat law in 2023 dictates that:
Additionally, car seats must be compliant with Federal Motor Vehicles Safety Standard 213.
Client was rear-ended sustaining neck, back, shoulder, hand, wrist, and leg injuries.
was rear-ended sustaining neck and back injuries.
Client was struck by a driver illegally changing lanes – sustaining neck and back injuries.
Client was in a parked vehicle when struck by another vehicle resulting in neck and back injuries.
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.
Even if you have your child in the correct car seat, if the seat is not properly installed, you can still be out of compliance. This includes not placing the car seat in the right spot in your car. The car seat of the youngest person in the car should be placed in the middle of the backseat. If you have more than one child, their car seats should be placed next to the middle seat.
Each car seat has height and weight limits dictated by the individual manufacturer. If your child has not outgrown their rear-facing car seat, even though they’ve reached their second birthday, the American Academy of Pediatrics recommends you keep them in it. Although it’s not required by law, you can keep a child facing the rear as long as they haven’t outgrown their car seat. The same goes for transitioning to a booster seat.
Likewise, the state does not require that children ride in the backseat until they reach the age of 12, but it is highly recommended. Even with airbags and seatbelts, the backseat is still safer. The American Academy of Pediatrics even recommends kids stay in the backseat until the age of 13.
Since 2017, taxis in New York have been required to comply with state car seat laws. The taxi driver is not responsible for having a car seat or installing your car seat. It is the parent’s responsibility to provide a proper car seat, and to ensure the car seat is properly installed.
New York buses and subways are an exception. Children do not need to use car seats or booster seats when traveling via bus or subway.
New York state law does not specify child safety requirements in ride sharing vehicles. Following taxi standards is a safe bet. In New York City only, Lyft offers parents the choice to add on a car seat for an extra fee. Likewise, Uber gives parents the option to add a car seat to their ride as well.
The state of New York can help you install your car seat so you can be sure that you are in compliance. Certain facilities throughout the state provide Certified Child Passenger Safety technicians who can inspect your car seat and/or help you install it. Contact your local police department, fire department, or hospital for assistance.
The National Highway Traffic Safety Administration (NHTSA) recommends replacing car seats if they’ve been involved in an accident. Even if the car seat does not visibly appear damaged in any way, replacing it is a good idea. The integrity of the car seat or internal parts you can’t see could be compromised. In accordance with the NHTSA recommendation, New York state law requires that parents replace car seats immediately after a moderate or severe collision.
It should be noted that New York State Senate Bill S3155A makes it illegal to smoke cigarettes in a vehicle with a child. It doesn’t matter if the windows are down or the child is wearing a mask—it’s against the law.
Likewise, you should be aware that car seats do expire. If you were planning to use the same car seat for all of your kids and just keep passing it down, it’s unlikely that will be in compliance with the law. It is a good idea to check your car seats expiration date and car seat laws before reusing a car seat from a previous child.
Whether you’ve been injured in an accident or are dealing with a defective car seat or vehicle, The Barnes Firm can help. Our attorneys are ready to fight for your rights in order to help you get the best result possible. To find out if we can help you, call us at (800) 800-0000 and set up your free consultation with a New York motor vehicle lawyer today.
