Car Seat Laws in Illinois

Illinois laws are designed to protect children of different age groups. Violations of these laws can result in civil and criminal fines and penalties. A failure to comply with these laws means that when a car accident occurs, the passenger is likely to be thrown around the car. Seat belt laws are aimed at saving lives and protecting riders from catastrophic and serious injuries.

Chicago seat laws by age group

The Child Passenger Protection Act requires the kids less than eight years of age be protected by a child safety restraint system. The law recognizes that vehicle accidents are the leading cause of death for children between the ages of 4 and 14. The statute also states that the restraints for young children do more than protect the child. The seat restrictions also help to keep a child in place so that the driver won’t be distracted. Driver distraction is a leading cause of car crashes.

Some of the law’s key provisions are:

• A “child restraint system” is an approved U.S. Department of Transportation device designed to secure the position of the child. Booster seats are one type of child restraint system
• The law applies to non-commercial vehicles, recreational vehicles, trucks equipped with safety belts, and other vehicles.
• Children who weigh less than 40 pounds and ride in the back seat can be secured with a lap belt – if the car or vehicle doesn’t have a combination lap/shoulder belt

Additional Chicago child safety guidelines

The Illinois Secretary of State also recommends that drivers review and comply with the manufacturer’s instructions and guidelines for child safety seats. Additional recommendations by age group are:

• Infants up to one year of age
  • Infants who weigh less than 20 pounds should be placed in a rear-facing infant seat. Convertible seats should be switched to rear-facing. These seats should be able to recline 30-45 degrees
  • Rear-facing seats should be installed in front of an active airbag
  • The child’s head should be properly positioned
  • Harness straps should be snug and used at a level below the shoulder (in rear-facing seats)
• Children one to four years old
  • Keep children rear-facing until they are two or until their height/weight limit is above the recommended maximum
  • Transition to a forward-facing system with a harness system when age and size appropriate
  • Follow the recommendations of the harness system and straps manufacturers
  • Position the child correctly
• Children aged four to eight
  • Use a forward-facing restraint system with an internal harness until the child becomes too big. Then, transition to a belt-positioning booster seat.
  • Use the lap and shoulder belt with the booster seat, not just the lap belt
  • The lap and shoulder belts should be positioned properly
• Children eight to twelve
  • Keep the child in a belt-positioning booster seat until they are big enough to use just the adult shoulder/lap belt
  • Position the lap and shoulder belts properly
  • The child’s knees should bend over the seat comfortably

The Secretary of State guidelines include more precise provisions. An experienced Chicago car accident lawyer can review those provisions with you. Child car safety education courses are available. Illinois provides technicians who can inspect your child safety seat and whether you’re using it properly. The technicians can be consulted, by appointment, at many driver service facilities throughout Illinois. Car owners should also register their child safety seats with the manufacturer, so they can be notified of recalls

If your child was injured in a car accident due to someone’s negligence, the child has the right to be paid for his/her pain and suffering and medical bills. The families of children who are tragically killed have the right to bring a wrongful death claim. If death or injury is due to failure to properly use a child safety seat, the case can become quite complex because, often, it is the parent who is responsible. At Gainsberg Injury and Accident Lawyers, our Chicago car accident lawyers understand how to handle the complex cases. To speak to someone who will vigorously fight for your child, please call us at 312-600-9585 or fill out our contact form to schedule an appointment.