As a parent, you take every step possible to protect your child from any risks they face, and you probably already know the car seat and booster seat laws in South Carolina. When an accident occurs, and your child is in the appropriate seat, it is hard for anyone to refute who is to blame for any injuries the child suffers. At the Shelly Leeke Law Firm, our South Carolina car accident lawyer can help you hold those who hurt you accountable in situations where accidents do occur.
What You Should Know About South Carolina Car Seat and Booster Seat Laws
The South Carolina Department of Public Safety oversees the state’s booster seat and car seat laws and SC child passenger safety. It is critical that parents or guardians of the child (even those who may just be watching the child for the parents) know these laws and follow them to avoid tickets. Specifically, under S.C. Ann. §56-5-6410:
- All children 8 years and younger must be in either a booster seat or a car seat when the vehicle is in motion or on a public roadway.
- A child under the age of 1 must remain in a rear-facing infant-specific car seat.
- A child that is 2 years old or older can be in a rear-facing or a forward-facing car seat appropriate for their child and size.
- A child that is 4 years old or older is able to use a size-appropriate booster seat.
- When a child is over the age of 8, they are able to sit on a car seat (rather than in a car seat) and use a safety belt as an adult would (they do not have to sit in a booster seat). In order for a child to do this, though, they must be at least 4’9” tall.
In situations where a child is not in a car seat and should be under these rules, the parents or guardians could be held financially responsible for tickets or other fines. More so, in the event that an accident occurs and the child is hurt, it may be possible for the other party to try to shift some blame to the driver. That could reduce the compensation paid to the injured party as a result.
Exceptions to SC Booster Seat Laws
A booster seat is allowable for a child who is over the age of 4. In these situations, the seat belt in the vehicle must be able to wrap around and buckle the child into place. More so, the child must be restrained to a safe level when in the booster seat, or they may still be at risk for a serious seat belt injury.
There are some exceptions to booster seat requirements in SC. In some situations, a child who is taller and reaches a certain height may not have to remain in the booster seat at the age of 8. For example, if your 8-year-old is at least 4’9″ tall, they do not need to sit in the booster seat, but if they are 4’8″ tall, they will need to remain in the booster seat until they reach the appropriate height requirements.
South Carolina Car Seat Laws Have Exceptions
There are some situations where you may not have to follow the car seat laws in SC according to the letter of the law. For example, in most cases, a child must be in the backseat of the vehicle. If the child is in a booster seat, and the back seats are filled with other children, then the state allows for the booster-seated child to sit in the front seat.
In some situations, children may not be able to sit in the required car seat for some reason. If that applies to your child for any reason, it is important that you seek out proper restraints to protect the child. Under the law, a special child restraint is still required even with children who have muscle abnormalities, tracheostomies, and spica casts.
If you feel that your child is not safe in a car seat and they are required by age and size to sit in one, contact the South Carolina Department of Public Safety to inquire about applicable solutions. Put a plan in place for your child to be safe no matter what happens on the roadways, and do not assume that you will be able to get out of a ticket because your child has physical limitations unless you have put the appropriate solutions in place per the South Carolina Department of Public Safety in advance. If you are unsure, simply ask for clarification and keep in mind the child injury statute of limitations in South Carolina.
There Are Other Exceptions to These Rules
Under the state’s laws, all people in a car under the age of 17 must be wearing a seat belt unless the vehicle is older and does not have one or is a form of public transit vehicle. This also does not apply to school or church buses without seat belts in place. Also note that a medical professional or a patient in an ambulance does not have to be belted into place and, if for any reason, there is a need to do so, a child with a medical condition may be able to not sit in the car seat for a limited amount of time (such as on the way to an ER).
Work with an Attorney if You Were Hurt in a Car Accident
If you or your child were hurt in a car accident, seat belt, car seat, and booster seat laws could play a role in who is responsible for the losses. At the Shelly Leeke Law Firm, our car accident attorney will work closely with you to protect those rights and fight for full and fair compensation when someone causes injury. Contact us now for a free consultation.
