Posted by Michael Melonakos on September 19, 2024 in Personal Injury
Car seat laws differ from state to state and have also developed over time as legislators have learned more about how to best keep children safe. For example, car seat laws in South Carolina require parents to start with rear-facing car seats before graduating first to forward-facing seats and then to booster seats.
Here are the basics you need to know to keep your child safe and avoid breaking South Carolina car seat laws.
Basics of South Carolina Car Seat and Booster Seat Laws
South Carolina child car seat laws consider the child’s height, weight, and age. According to the South Carolina Department of Public Safety:
- Infants under 2 years old must use a rear-facing car seat until their height and weight exceed the manufacturer’s limits for that seat.
- A child who is above the height and weight limits for a rear-facing seat or is at least 2 years old must use a forward-facing car seat with a harness system.
- A child who has outgrown a forward-facing seat and is at least 4 years old must use a booster seat with both a lap and shoulder belt.
- A child at least 57 inches tall or 8 years old can use an adult seat belt if the belt can be secured properly across the chest rather than the neck. Under South Carolina law, the lap belt must also fit around the child’s thighs and hips rather than the abdomen, and the child must be able to sit up straight against the seat.
All children must ride in the vehicle’s rear seats if so equipped.
Penalties for Violations of the Car Seat Law in South Carolina
If you violate car seat or booster seat laws in South Carolina, the court can impose a fine of up to $150. The court will waive the car seat violation fine if you provide evidence that you have purchased an appropriate child car seat. South Carolina law specifies that failure to use a child car seat correctly is not evidence of negligence in a personal injury case.
Choosing the Right Car Seat or Booster Seat for Your Child
To choose the right car seat or booster seat for your child, remember these points:
- Keep your child at each stage as long as possible, moving to the next type of car seat only when your child is too big for the previous stage.
- Never use a car seat that was involved in a crash, as not all damage is visible.
- Be cautious about used car seats, as you cannot know their full history.
The National Highway Traffic Safety Administration provides an online tool to help you choose the right car seat for your child.
What Should I Do If We’re in an Accident and My Child Is Injured?
The Melonakos Law Firm is a South Carolina personal injury firm that provides compassionate counsel to people who have been injured due to the negligence of others. Our guiding principles are compassion, personal attention, clear communication, and proven results. We never charge a fee unless we win your case.
If your child was hurt in a crash caused by another family’s teenage driver, you may also want to read our guide on when parents are liable for a teenager’s car accident in South Carolina.
Contact The Melonakos Law Firm for your free consultation today.
Attorney Michael Melonakos is the founder of The Melonakos Law Firm, where he concentrates his practice on personal injury matters, including motor vehicle accidents, wrongful death, medical malpractice, premises liability, nursing home abuse, workers’ compensation, and more. The law firm’s efforts have secured more than $50 million for injured people.
Before founding his own law firm focused on representing plaintiffs in personal injury claims, Michael worked for a decade at two of Atlanta’s leading insurance defense law firms. He is licensed to practice law in both South Carolina and Georgia.
Michael earned his law degree from the University of Georgia and his undergraduate degree from Michigan State University. He is an active volunteer with the Greenville Bar Association.
Admitted to South Carolina Bar: 2012
Admitted to Georgia Bar: 2008
Years of Legal Experience: 18
Listed as a Rising Star by Super Lawyers: 2019-2023