Available 24/7
Under Idaho law, all children age 6 and under are required to be restrained by a properly fitted and federally approved child safety seat while in a car. A 7-year-old child may use the car seat belt but only if it fits them properly. Whether you are a resident or a visitor, you must comply with Idaho’s car seat laws.
In this article, our Idaho car accident attorneys will guide you through the most important things to know about Idaho’s car seat laws. If your child has been injured in a car accident, whether they were wearing a car seat or not, you may be able to recover compensation for the medical costs and other losses suffered due to their injuries.
What You Should Know About Idaho Car Seat Laws
The following section contains some of the basic information that any driver in Idaho should be aware of if they have children aged 7 or younger.
What is the Idaho Car Seat Law?
Idaho Statutes § 49-672, also known as the Passenger Safety for Children, establishes guidelines regarding child safety seats and restraints. As stated, these seats are required by Idaho state law for children up to the age of 6. The car seat must be the right size for the child and work with the car’s restraints. However, a 7-year-old may use the car’s lap and shoulder belts if they fit the child properly.
These requirements are for the safety of your child or any child you are transporting, and it’s essential to follow them.
When Are Car Seats Required in Idaho?
As stated, car seats are mandatory in Idaho for children up to the age of 6. When a child turns 7, though, they are no longer legally required to be in a car seat.
However, while the law only requires children to be in a car seat through age 6, the Idaho Transportation Department recommends continued use of a booster seat until the child is at least eight years old or large enough to correctly fit into an adult seat belt, roughly 4 foot 9 inches. When an adult seat belt is in use, it should be used properly, with the lower portion of the belt over the upper thighs and the upper portion of the belt positioned diagonally across the chest.
Additionally, for their safety, children should always be seated in the back of the vehicle until they reach the age of 13.
What Car Seat Is Required for a Child in Idaho?
Using the correct car seat for your child’s age, height, and weight is essential to their safety. All car seats used must be federally approved and compliant with 49 C.F.R. § 571.213, child safety restraint systems.
Idaho’s car seat law does not say exactly what car seat should be used for each age and size, but it should be what’s appropriate for the child’s height and weight. Always check height limits and weight limits when purchasing a car seat. The Idaho Transportation Department recommends the following guidelines:
- Birth to 2 years: A rear-facing car seat in the back seat
- 2-4 years and between 40-65 pounds: A forward-facing car seat in the back seat; a top tether strap should be used if the child is under 40 pounds
- 4-8 years and under 4 foot 9 inches: A booster seat with a lap belt and shoulder belt
As always, the restraint should properly fit the child for their height and weight.
It’s free to speak with us and learn the value of your case today.
Call Us NowCompliance and Tickets for the Idaho Car Seat
If you do not follow child seat belt laws, you are violating state laws, which can result in a ticket.
Who Is Responsible for Car Seat Compliance in Idaho?
The operator of the vehicle is responsible for car seat compliance in Idaho. The vehicle driver must make sure that the child is in the appropriate car seat. If your child is able to get out of their car seat, you need to pull over when it is safe to do so and ensure that your child is back in their car seat before resuming driving.
Who Gets the Car Seat Ticket in Idaho?
The vehicle driver gets the car seat ticket in Idaho. This is true even if you are not the parent of the child.
What Is the Penalty for Not Having a Child in a Car Seat in Idaho?
Failing to have a child in a car seat in Idaho is a civil infraction punishable by an $84.00 fine.
Exceptions to the Car Seat Laws in Idaho
While it is always safest to have your child restrained in their car seat at all times, there may be moments when this becomes impossible. Below, we’ll go through some possible exceptions to Idaho’s car seat laws.
Are There Any Exceptions to Idaho Car Seat Laws?
Idaho car seat laws do not apply under the following conditions:
- The vehicle is a commercial vehicle, such as a school bus
- All the seat belts are in use, and the child is in the back seat
- If a child needs to nurse, the child can be held while doing so, rather than being in their car seat
- To tend to the child’s immediate physiological needs
However, drivers should still make every effort possible to ensure the safety of their child and vehicle passengers.
Do You Have to Use a Car Seat in an Uber or Lyft in Idaho?
Whether a child needs to be in a car seat in an Uber or Lyft is complicated because rideshare vehicles do not meet the definition of a commercial motor vehicle given under Idaho Statutes § 49-123. Even though the child restraint law does not explicitly state car seats are required in a rideshare vehicle, law enforcement agencies have taken the stance that they are required since the rideshare is a personally owned vehicle that does not meet commercial vehicle status.
Additionally, the rideshare driver would be the party to receive the fine if the car seat was not installed and used.
Uber’s guidelines for drivers specifically state that riders must provide and install car seats for children. They also state that rideshare drivers may refuse service to passengers who do not do so. Lyft has similar guidelines.
The Impact Car Seats Have on Accidents
When a car accident occurs and a child is involved, the resulting injuries can be serious. From a report presented by the National Safety Council (NSC), it is estimated that the use of car seats in passenger cars lowers the risk of deaths in children under the age of one by 71% and by 54% for children one to four years old.
However, whether a child was or was not in the correct car seat does not necessarily affect any lawsuits or insurance claims that arise after an accident.
Is It Considered Contributory Negligence if a Child Is Not in a Car Seat When an Accident Occurs?
No, failing to use a car seat is not contributory negligence. If a child who is not restrained in a car seat is in an accident, the fact that they were not in a car seat cannot be introduced as evidence to prove negligence. Whether or not the child was in a car seat is not a factor in how or why the crash occurred.
In addition, it is almost certainly not the fault of a young child that they were not properly restrained in a car seat, so it is not considered contributory negligence in the eyes of the law. A child who is the victim of an accident may receive the appropriate compensation per Idaho law.
It is the jury’s job to determine whose negligence caused the accident. Allowing evidence of the child out of a car seat at the time of the accident could unfairly prejudice the jury. Therefore, the Idaho car seat law for children expressly prohibits introducing this as evidence of negligence in any civil action.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationOther Miscellaneous Questions Regarding Child Safety and Vehicles
Below are the answers to some additional frequently asked questions about Idaho’s car seat laws.
What Are the Booster Seat Requirements in Idaho?
In Idaho, children must be in an appropriate car seat until they are at least 6 years old. For children ages 4-6, this often means being in a booster seat. While recommended up to age eight, booster seats are only required until the child is 6 years of age. The National Highway Traffic Safety Administration (NHTSA) has a helpful website for finding the right car seat or booster for your child’s age, height, and weight.
How Old Does a Child Have to Be to Sit in the Front Seat in Idaho?
Idaho does not have a law for how old a child must be to sit in the front seat. However, it is recommended that children sit in the back until they are 13 years old. One of the reasons for this is to keep the child as far away from any hard surfaces in the cab and the concussive impact of a deploying airbag if they are in a car accident.
Who Can File an Injury Claim on Behalf of an Injured Child in Idaho?
A child cannot file a legal claim on their own. In Idaho, a parent or legal guardian typically brings the claim on the child’s behalf. This holds true whether the child was a passenger, a pedestrian, or a cyclist at the time of the crash. If a settlement is reached, Idaho courts often require approval to confirm the funds serve the child’s best interests. This step protects the child and ensures the compensation is used properly. Working with an attorney early can help guardians understand these requirements and move the claim forward without unnecessary delays.
Idaho Lawyers for Car Accidents Involving Children and Car Seats
Has your child been in a car accident? Medical expenses can add up quickly if so. Our lawyers want to protect you and your child’s rights and fight for your fair compensation.
At Sargent Law Firm Injury Lawyers, we offer free consultations about car accident claims in Idaho. Whatever the circumstances, our personal injury lawyers can evaluate your case and pursue the compensation that your child deserves. Contact us today to talk about your situation.
