From 2015 to 2019, 48 children in Colorado under age 8 died in auto accidents. At least some of these tragedies could have been prevented if the children had been in Department of Transportation (DOT)-approved car seats. Car seats are critical in keeping children safe in vehicles traveling in Colorado and throughout the country. If you have children in Colorado, it’s critical to know the state’s car seat laws, detailed below. That way, you can stay compliant with the law and keep your child safe while they are in a car seat, booster seat, or using a seat belt.
Mountain States Injury Law, formerly Casares Law, is ready to assist if another driver has injured you or your child in an accident. Our experienced car accident attorneys know how to hold liable parties responsible for their negligence. If your case qualifies, a Castle Rock car accident lawyer can help you receive compensation for your medical bills, lost wages, and pain and suffering.
Types of Car Seats
Most Americans know that children must be placed in a car seat or use a seat belt in the back seat, per state and federal law. However, there are several types of car seats to choose from. The kind of car seat appropriate for your children depends on their age, size, and weight:
- An infant car seat is usually suitable for children under 12 months of age and is designed only to be in the rear-facing position. Children less than a year old are safest in a vehicle with a rear-facing car seat. Many infant car seats have additional bases, so it’s easy to take the baby from car to car quickly and easily.
- A convertible car seat is a popular choice because it can be used in both the rear-facing and forward-facing positions. This allows the baby to stay rear-facing until they are at least one. Then, the parent can turn the seat forward once the child has outgrown the rear-facing seat weight requirement.
- An all-in-one car seat resembles a convertible car seat but covers even more of the child’s growth and development. These seats have rear-facing, forward-facing, and booster seat elements. They are popular with parents who prefer buying one car seat to cover the child’s entire car seat journey, from age one and up.
- Once the child is eight, a booster seat should be used in the rear seat. They may beg to go without the booster seat or even want to sit in the front seat but that is unwise. Children should continue to use booster seats and sit in the rear for maximum safety in an accident.
Overview of Colorado Car Seat Law
Colorado parents should know the following four aspects of the state’s car seat law:
- A child should be in a rear-facing child safety seat in the rear seat until their first birthday and they weigh at least 20 pounds.
- A child may be in a rear- or forward-facing child safety seat from their first birthday and 20 pounds until the seat manufacturer’s upper height and weight limit.
- When a child outgrows a car seat fitted with a harness, parents should use a booster seat with a lap and shoulder belt until the child is at least eight.
- A booster seat or vehicle seat belt should be used from age eight until 16. However, the child can be transitioned to the car’s seat belts if they are big enough for a proper fit. This means the seat belt should fit snugly across the upper thighs, shoulder, and chest to lower the risk of injury in an accident.
Children can stay in car and booster seats beyond the ages above if they are within the car seat maker’s weight and height requirements for safety.
Parents who follow Colorado’s car seat laws minimize the chances that their children will be injured in car accidents. Still, if the worst happens and your loved one is injured in a crash, speak to a personal injury attorney at Mountain States Injury Law for legal representation.
Colorado Penalties for Car Seat Non-Compliance
In Colorado, not properly securing a child in a car seat is a Class B traffic violation. The offender can be fined at least $65 plus a $6 surcharge. However, there is no jail time for someone convicted of this violation, and no driver’s license points are deducted. The penalty may be waived if the violator can show that they are in the process of buying a car seat by the date of their court appearance.
There are several potential repercussions for not properly securing a child in a car seat in Colorado. Here is what may happen if you’re in an accident and a child is not in a proper car seat:
- Legal liability: If you are found liable for a car accident and your child wasn’t properly restrained, you could be criminally liable for injuries that occurred in the accident.
- Personal injury claims: If you are in a crash caused by someone else, your child being incorrectly restrained could affect the outcome of a personal injury claim or lawsuit. Colorado has a comparative negligence law that could lower your compensation based on your percentage of responsibility for the child’s injuries.
- Higher risk of death or serious injury: The most devastating consequence of improperly restraining a child in a vehicle is the higher risk of severe injury or death.
Car Seat Replacement After An Auto Accident
After any Colorado auto accident, replacing the car seat in your vehicle is essential. Even if the car seat looks undamaged, unseen structural damage could compromise its effectiveness in a subsequent crash. Mountain States Personal Injury Law advises all parents to dispose of a car seat after an accident and replace it immediately. Also, only buy a used car or booster seat if you can verify that it was never in a car accident.
What About Car Seats On Public Transportation In Colorado?
Colorado law has an exemption from the car seat law for public transportation. You are not required to use a car or booster seat if traveling on a city bus or train. Children are also not required to be placed in seat belts on public transportation in Colorado.
Day Care Facilities And Colorado Car Seat Laws
Daycare facilities must follow Colorado car seat laws. Children must be in car seats in a vehicle of any size, up to a van with 15 passengers. Vehicles run by Colorado daycare centers that can transport 16 or more people are defined under the law as commercial vehicles so they are exempt from state car seat laws.
Contact Mountain States Personal Injury Attorney Today
Understanding Colorado’s car seat laws keeps you compliant with state regulations and keeps your little ones safe. When you know when to use a rear-facing car seat, booster seat, or other car seat, you are assured that you are following the law and reducing the odds of your child being hurt in an accident. However, if you or your loved one are injured in a car accident caused by another party, you should have a personal injury attorney represent you for the best-case result.
Many types of car accidents can qualify for compensation if another driver caused the incident. Speak to a Mountain States personal injury attorney today for a free legal consultation. Mountain States Injury Law has an impressive record of obtaining fair compensation in car accident settlements and lawsuits and we have extensive knowledge of Colorado law on car seats. You don’t pay any legal fees unless we win your case.