Car accidents are a leading cause of death for children 13 and under. National Highway Traffic Safety Administration (NHTSA) statistics show that one out of every three children killed in a vehicle crash was not properly secured in a car seat. Deaths as preventable as these should not be allowed to occur. It takes the work of adults to make sure that children are kept safe in vehicles on the road.
If you are a parent or guardian transporting children in our state, this article will help you get to know the car seat requirements for West Virginia. After looking at WV car seat laws, we will discuss more tips for child car safety to keep in mind when driving. With further questions, or to discuss your legal options following a car accident in West Virginia, we invite you to get in touch with one of our attorneys.
West Virginia Child Passenger Safety Laws
The WV car seat and booster seat requirements are designed to protect children traveling in motor vehicles. According to WV state child passenger safety laws, the following rules apply while a child is in a passenger automobile, van, or pickup truck that is in motion on any street or highway in the state:
- Any child under the age of eight and under four feet nine inches (4′ 9″) tall must be secured in a child passenger safety device that meets federal motor vehicle safety standards
- Children over the age of eight and taller than four feet nine inches (4′ 9″) may use a standard safety belt
- For a child who reaches four feet nine inches (4′ 9″) before their eighth birthday, a standard car seat belt becomes legally sufficient
- Child passenger safety laws are called “primary enforcement laws,” meaning that a police officer can pull you over if they suspect your child is not properly secured in a safety seat
- Any adult who violates these laws will be guilty of a misdemeanor and subject to fines
The term “federal motor vehicle safety standards” used in the West Virginia child passenger safety laws refers to the U.S. national standards for child car seat safety. More information on federal child car seat guidelines and recommendations can be found on the NHTSA Car Seats and Booster Seats webpage. The NHTSA publishes car seat information for parents and caretakers covering:
- The four car seat types: rear-facing, forward-facing, booster seat, and seat belt
- How to choose the best car seat based on your child’s size and weight
- How to install a car seat or booster seat
- How to register your car seat to receive safety notices and recall information
The West Virginia Governor’s Highway Safety Program publishes information for state residents about child car seat safety. The program offers some of the following important guidelines for car seat use:
- Children should ride rear-facing until age two
- Never place a rear-facing car seat in front of an active air bag
- At age two, children may ride forward-facing in a five-point harness car seat
- At around age four and 40 pounds, a booster seat may be used
- Children should remain in the back seat until age 13
The state of West Virginia offers in-person help to parents and guardians of children who require a car seat or booster. West Virginia residents can find locations online of the WV Governor’s Highway Safety Program (GHSP) regional offices where Child Passenger Safety (CPS)-certified technicians can assist you with child safety seat installation and questions. These CPS-certified technicians are trained in the proper ways to install and secure a child in a car seat, as well as how to select the right safety device for your child based on their height and weight.
The WV state government webpage also recommends that parents and caretakers use the Safe Kids Worldwide Ultimate Car Seat Guide to help choose the best car seat for each child.
More Tips for Child Car Safety
By following child auto safety laws and guidelines, parents and caretakers can do their part to help stop preventable injuries and deaths. As we have seen, one of the most important measures to take is making sure your child is always properly secured when in a moving vehicle. It’s also good practice to secure your child every time they are in the car, even when the car is not moving, as stopped vehicle accidents can be a danger to children in cars.
Whenever you travel with a child in the vehicle, remember that speeding, drunk driving, and broken traffic laws are among the top causes of traffic accidents in West Virginia. You cannot always anticipate the actions of other drivers. But by driving defensively, continually practicing safety measures, and avoiding potentially-hazardous situations, you can be the safest driver you can be for you and your child. West Virginia parents and guardians operating a vehicle in the state can take note of the following child car safety tips:
- Car seats and booster seats should always be installed properly, and placed in the vehicle’s backseat for optimum child safety.
- Children under 13 should always ride in the backseat of the car, even when a car seat or booster seat is no longer required. This protects them in case air bags deploy in a crash.
- Driving in a borrowed vehicle is no excuse to neglect car seat safety. Whether you are in your own car, a rental car, or a loaned vehicle, make sure the car seat is correctly installed.
- Know the intersections in Charleston with the highest crash rates, and take extra care when making turns or traveling through intersections.
- Never text on a cell phone or engage in other distracting activities with a child in the car.
- Know your limits. If you believe you’re too tired to drive, are not feeling well, are under the influence of drugs or alcohol, or have any other form of impairment, never transport a child.
- Be familiar with your city’s traffic patterns. Between 3 p.m. and 6 p.m. is the time of day accidents most frequently occur. Always drive carefully when picking kids up from school.
- Try to keep driving times to daylight hours. Practice the utmost safety when driving at night with children in the car.
- Make sure you are in proper compliance with all West Virginia auto insurance laws when driving a vehicle on state roads or highways.
- Observe all rules of the road and never speed or break traffic laws with kids in the car.
Child Auto Safety Depends on Responsible Adults
At DiPiero Simmons McGinley & Bastress, PLLC, we believe child car safety should be a priority for every driver in West Virginia. To continue a conversation about WV child car seat safety laws, or to discuss your case following an accident, reach out to our office for a free consultation. A qualified attorney is available to meet with you for a no-obligation initial appointment.
