Should You Replace Your Child’s Car Seat After a Crash?

Children are our most precious cargo when driving. They’re also the first ones we worry about when a crash occurs. That’s why states like Nevada have strict car seat laws to protect our most vulnerable passengers.

Car seats save lives. Statistics from the Centers for Disease Control and Prevention (CDC) show that car seats lower the risk of injury to children in accidents by 71 to 82 percent compared with seat belt use alone. However, the seat’s integrity can be compromised if it’s ever involved in a crash. Putting your child in a damaged car seat could have disastrous consequences if another wreck occurs.

So, do car seats have to be replaced after an accident? At THE702FIRM Injury Attorneys, we want to help parents protect their children. That means raising awareness about Nevada’s child car seat laws and helping parents understand what to do after an accident in Las Vegas.

What are Nevada’s Child Car Seat Laws?

Nevada has specific child car seat laws aimed at ensuring the safety of young passengers, according to the child seat belt law. Here’s what you need to know:

1. Rear-Facing Seats: Children under 2 years old must be in a rear-facing car seat positioned in the backseat. This requirement remains in place until the child reaches the seat’s maximum height or weight limit.
2. Forward-Facing Seats: After children outgrow their rear-facing seat, they should transition to a forward-facing car seat with a harness. This is typically recommended for children aged 2 to 5 years until they meet the car seat’s maximum height or weight limit.
3. Booster Seats: Children can move to a booster seat when they outgrow the forward-facing car seat, usually around ages 4 to 7. They should continue using a booster until they are at least 57 inches (4’9”) tall.
4. Seat Belt Use: Once a child is at least 6 years old and taller than 57 inches, they can use the vehicle’s regular seat belt. However, it’s recommended to keep using a booster until the seat belt fits correctly without modifications.
5. Penalties for Violations: Not using a child restraint system when required can result in fines ranging from $100 to $500 for a first offense. Additional violations can lead to higher fines or community service requirements.
6. Exemptions: Taxi cabs are exempt from the child restraint requirements, but it is recommended that caregivers provide their own car seats when using these services​.

NHTSA Car Seat Replacement Recommendations

Determining if a child’s car seat needs replacing after a car accident can be confusing. The National Highway Transportation Safety Administration (NHTSA) recommends replacing car seats involved in moderate or severe crashes to ensure continued child safety. However, car seats involved in a minor car accident may still be safe to use.

Defining a Minor Crash

According to the NHTSA, a car accident is considered minor if all of the following conditions are met:

• The vehicle can be driven away safely from the crash site.
• The vehicle door nearest to the child safety seat is undamaged.
• All passengers, including child passengers, are uninjured.
• No airbags were deployed during the collision.
• The child’s car seat shows no visible damage.

If the car accident meets all five criteria, the car seat is likely safe for continued use. However, always consult the car seat manual or contact the car seat manufacturer, as some seat manufacturers may advise replacing car seats even after minor crashes.

Additional Considerations

If a car seat does not meet NHTSA’s minor crash criteria, or if there is uncertainty, it’s best to play it safe and purchase a new one. This is especially important in moderate or severe crashes where the structural integrity of the child safety seat may be compromised. In such cases, your insurance company may cover the cost of a replacement car seat.

Manufacturer Guidelines

Always refer to the car seat manual provided by the car seat manufacturer for specific guidance. Even if the crash seems minor, the manufacturer’s recommendations take precedence. When in doubt, replacing car seats is the safest option to protect your child’s well-being.

Regularly reviewing the NHTSA guidelines and your car seat manufacturer’s instructions ensures that child safety seats are functioning as designed and continue to provide maximum protection for your child’s passengers.

Car Seat Inspections After a Crash

After a car accident, remove the car seat from your vehicle and examine it for signs of damage. Look for cracks, missing pieces, bent metal, and stretched or frayed harness pieces or belts. You will also want to place the car seat on a hard, flat surface. It may be damaged if you notice bowing, twisting, or the car seat sitting on the surface unevenly. If you see anything unusual, err on the side of caution and replace the car seat.

While free car seat inspections are available throughout Nevada, they are only to check for proper installation. Currently, no programs can inspect the safety of a car seat post-crash and guarantee that it is OK to reuse.

What Factors Indicate the Need to Replace a Child’s Car Seat?

Determining when to replace car seats is essential to ensure child safety. One of the primary reasons to replace a car seat is after a car accident. A car seat should be replaced after a moderate or severe car accident, as a severe car accident can compromise the car seat’s ability to provide adequate crash protection for child passengers.

For minor car accidents, the decision to replace the child safety seat may vary depending on the car seat manufacturer’s guidelines. In these cases, it’s essential to consult the car seat manual for specific instructions. Generally, replacing car seats after minor vehicle crashes might not always be necessary, but checking for any visible damage is still recommended.

Car seats should also be replaced if they have reached their expiration date, which is often indicated on the seat or specified in the car seat manual. Old seats may not offer the same level of protection as newer models. Additionally, if the car seat manufacturer has recalled the car seat or if parts are missing or broken, it is time to invest in a replacement seat.

Even if the car seat appears intact after a minor crash, most insurance companies suggest getting a new car seat for peace of mind. Some car insurance companies may cover the cost of a replacement car seat, especially after a moderate or severe crash. Parents should check with their insurance company to see if this coverage is available.

Child safety seats should also be replaced if there are any signs of wear and tear, such as: 

• Frayed straps 
• Cracks in the plastic 
• Car seat has been exposed to extreme conditions 

Additionally, if a vehicle door nearest the car seat was impacted in a crash, it’s a strong indicator that replacing car seats should be considered.

It’s also essential to transition to a booster seat when the child outgrows their current car seat. Booster seats provide appropriate crash protection for older children who no longer fit in their child seats. Always refer to car seat manufacturers’ weight and height limits to determine when it’s time for a new seat.

Importance of Replacing a Car Seat After an Accident

NHTSA data indicates crashes are the leading cause of death for children ages one to 13. Your child must be restrained in an approved child safety seat every time you hit the road. Car seats need to be installed correctly and children properly secured within those seats.

If you’re concerned about affording a new car seat after a crash, NHTSA does say it’s OK to use a secondhand car seat if:

• The car seat has never been involved in a moderate to severe crash.
• You can see the labels with the seat’s manufacture date and model number. This information is necessary to learn if the seat is too old or recalled.
• The seat has been recalled. A recalled seat may not be a dealbreaker, but you will need to determine whether it can be repaired from the manufacturer.
• There are no missing parts. If components are missing, don’t use the car seat until you get replacement parts from the manufacturer.
• The seat comes with its instruction manual. Some manufacturers publish their car seat manuals online, or you can order one from the manufacturer.

It’s also worth noting that you can be reimbursed for property damage after a car accident by filing a claim with the at-fault driver’s insurance company. You may be able to include a request for a car seat replacement as part of your claim.

Get in Touch with a Las Vegas Car Accident Attorney Today

At THE702FIRM Injury Attorneys, we understand the heartbreak that families experience when their children are hurt in crashes caused by others’ negligence. If you or a family member suffered injuries in a Las Vegas collision, a car accident lawyer from our firm can help you pursue maximum compensation for your losses. Call or contact us today for a free consultation.