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Understanding Arkansas Car Seat Laws

Let’s start with the basics. Arkansas law requires all children under 15 years old to be properly restrained while riding in a vehicle. But what does “properly restrained” mean? It depends on your child’s age, height, and weight.

  1. Here’s a breakdown of the legal requirements:
  2. Infants and toddlers under two years old must be in a rear-facing car seat.
  3. Children under five years old and weighing less than 60 pounds must be in a child safety seat.
  4. Kids 5-8 years old and shorter than 4’9″ must use a booster seat.
  5. Children 8 years and older or at least 4’9″ tall can use an adult seat belt.

Violating these regulations can result in fines of up to $100 for a first offense, while repeat offenders may face even steeper penalties.

It’s worth noting that Arkansas law states explicitly that “a child who is less than six (6) years of age and who weighs less than sixty pounds (60 lbs.) shall be restrained in a child passenger safety seat properly secured to the vehicle” (Arkansas Code § 27-34-104).

Best Practices Beyond the Law

While following the letter of the law is crucial, many safety experts recommend going above and beyond these minimum requirements. The American Academy of Pediatrics (AAP), for instance, suggests keeping children in rear-facing seats until they reach the highest weight or height allowed by their car seat’s manufacturer. This often extends well beyond the 2-year mark set by Arkansas law.

Similarly, the National Highway Traffic Safety Administration (NHTSA) recommends that children use booster seats until they can fit properly in an adult seat belt. This means the lap belt lies across the upper thighs (not the stomach), and the shoulder belt lies across the chest (not the neck). For many kids, this doesn’t happen until they’re 8-12 years old.

Remember, these laws and recommendations aren’t about restricting your child—they’re about protecting them. Car crashes remain a leading cause of death for children in the United States. Using the right car seat or booster seat can significantly reduce the risk of injury or death in a crash.

Proper Installation and Use of Car Seats

Having the right car seat is only half the battle—it needs to be installed and used correctly to provide maximum protection. Here are some general guidelines:

  1. Read both your vehicle’s owner’s manual and your car seat’s instructions. They’ll provide specific information about installing the seat in your car.
  2. For rear-facing seats, ensure the seat is installed at the correct angle. Many have built-in angle indicators or adjusters.
  3. The harness straps should be at or below the child’s shoulders for rear-facing seats and at or above for forward-facing seats.
  4. The chest clip should be at the armpit level.
  5. You shouldn’t be able to move the car seat more than an inch side-to-side or front-to-back when tugging at the belt path.

Common installation mistakes include using both the safety belt and LATCH system (unless specifically allowed by the manufacturer), not tightening the safety belt or LATCH strap enough, and incorrectly positioning the harness straps.

Getting Your Car Seat Checked in Arkansas

If you’re not sure you’ve installed your car seat correctly, help is available. Many organizations in Arkansas offer free car seat checks by certified technicians. These include:

  • Local police and fire departments
  • Hospitals and health clinics
  • Arkansas Children’s Hospital
  • Safe Kids Arkansas coalition events

During a car seat check, a trained professional will inspect your car seat’s installation, show you how to correct any errors, and answer any questions you might have. It’s a great opportunity to ensure you’re doing everything possible to keep your child safe on the road.

Common Car Seat Questions

As you navigate the world of car seats and child passenger safety, you might have some questions. Here are answers to some common ones:

At what age can my child legally sit in the front seat in Arkansas?
Arkansas safety experts recommend keeping children in the back seat until at least age 13. The back seat is simply safer for kids of all ages.
Are there any exceptions to the car seat laws for older vehicles or special circumstances?
Arkansas law does provide some exceptions. For instance, if a vehicle doesn’t have a rear seat, a child under five can ride in the front seat in a proper child safety seat. However, if the vehicle has a passenger-side airbag, the child should only ride in the front if the airbag can be deactivated.
How do Arkansas car seat laws apply to rideshare services like Uber or Lyft?

The same laws apply whether you’re in your own car or a rideshare vehicle. If you’re traveling with a child who requires a car seat, you’ll need to bring one with you when using these services. Some rideshare companies offer car seat options, but availability can be limited.

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The Importance of Car Seats in Car Accidents

It’s a scenario no parent wants to imagine, but the reality is that car accidents happen. When used correctly, car seats reduce the risk of fatal injury by 71% for infants and 54% for toddlers in passenger cars. For older children, booster seats reduce the risk of serious injury by 45% compared to seat belts alone.

But beyond the immediate safety benefits, proper car seat use can also protect you legally. If you’re involved in an accident and your child is injured, not having them in an appropriate car seat could be seen as negligence. It could also affect your ability to claim compensation for their injuries.

Here’s how this could play out in different scenarios:

If you’re seeking compensation from an insurance company (either your own or the other driver’s), the insurer might argue that your failure to use a proper car seat contributed to your child’s injuries. This could lead to a reduced settlement or even a denied claim.

If you decide to file a lawsuit against another driver for injuries your child sustained in an accident, the defendant might use your failure to use a proper car seat as a defense. They could argue that your negligence, not their actions, caused or exacerbated your child’s injuries.

In extreme cases, repeated failure to use appropriate car seats could be used as evidence of neglect in child custody proceedings. While a single instance is unlikely to have such severe consequences, a pattern of disregard for child safety laws could be problematic.

While rare, there have been cases where parents faced criminal charges for not properly restraining their children in vehicles, especially if it resulted in serious injury or death.

Understanding and following Arkansas’s car seat and booster seat laws is crucial for keeping your child safe on the road. But remember, these laws are just the minimum requirements. For maximum safety, consider following the more stringent recommendations of organizations like the AAP and NHTSA.

How Rainwater, Holt, & Sexton Can Help

At Rainwater, Holt, & Sexton, we understand the unique challenges of car accidents involving children. Our team of experienced attorneys has a deep understanding of Arkansas car seat laws and how they impact accident cases.

We’re committed to helping Arkansas families stay safe on the road and get the support they need if accidents do occur. Whether you have questions about car seat laws or need legal representation after an accident, we’re here to help. Your child’s safety is our priority—on the road and in the courtroom.

Let Us Support Your Family

We offer free, no-obligation consultations. Send us a message or give us a call today at (800) 434-4800, and we’ll guide you to the right next step for you and your family.

This is our home, and we want to ensure our neighbors and friends are supported. With eight offices in Arkansas - Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro—our accident lawyers are easily accessible when you need help.

We’re here to help.

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