Car Seat Rules in Delaware

The car accident attorneys at Silverman, McDonald & Friedman have years of experience helping parents whose children sustained injuries in car accidents. If your child has been hurt in an accident and you believe the car seat manufacturer or another driver’s negligence played a role, call our firm in Wilmington, Seaford, or Newark today.

Children’s bodies are much smaller, fragile, and delicate than adults. Due to this, a child cannot handle the tremendous amount of force or impact that occurs in a car crash as well as an adult can. Therefore, to better protect children, car seats work to ensure that the child’s body remains in an upright and raised position in the event of an accident. The law requires the proper installation of car seats in every vehicle carrying a child in all 50 states, including Delaware. By following this rule, you can protect your child’s body and potentially save their life.

What are the car seat rules in Delaware?

Delaware has implemented car seat rules to keep children safe and harm-free while riding in a motor vehicle. As of June 30, 2024, the new car seat and booster seat requirements are:

• Children younger than two years of age or weighing less than 30 pounds must ride in a rear-facing car seat.
• Children younger than four years of age or weighing less than 40 pounds must ride in a harnessed car seat, which can be forward-facing.
• Children over 40 pounds or four years of age must ride in a booster seat until they reach the maximum weight or height stated by the manufacturer. It is important to note that no booster seat has a maximum height lower than 4’4’’, which is 52 inches.

If you are pulled over by law enforcement and your child is not in the required car seat or booster seat, your first offense will be a referral to the Office of Highway Safety. Your second offense will be a $25 fine and court fees.

What is the proper way to place a child in a car seat?

The National Safety Council (NSC) states that close to 200 unrestrained children were killed in car accidents in 2022. According to estimates, car seats are able to reduce the risk of fatalities by 71 percent for children under one and 54 percent for children between one and four years of age. Here are some guidelines on how to properly place your child in a car seat:

• Make sure the harness straps are snug. They should not be too tight or too loose.
• Make sure the harness straps are near or below your child’s shoulders. If the harness straps are at their lowest setting and still above the child’s shoulders, this clearly indicates that the car seat is too big for the child. If this is the case, you should switch car seats until your child grows and can properly fit into the car seat.
• Next, ensure the chest clip reaches the child’s armpit level. This chest clip holds the car seat straps in place to ensure that the child will remain in position in the event of an accident.
• Ensure that you follow the car seat manufacturer’s instructions when placing the car seat in the vehicle. You want to make sure that the car seat is in the correct position based on the child’s height, weight, or age. This is extremely important for newborns or infants who are unable to hold their heads up.
• Even if your child is legally able to ride in a forward-facing car seat, it is recommended to keep them rear-facing as long as possible. This will ensure the child’s spine, neck, and head remain straight in a crash. By keeping them in a rear-facing car seat for as long as possible, you may be able to prevent spinal cord injuries.
• Do not place any accessories on your child’s car seat. This includes toys, mirrors, padding, strap covers, and more. When you do this, you can change how the child fits in the car seat, which can lead to issues in an accident.

Remember that car seats and booster seats have expiration dates, which occur within 6-10 years after the car seat goes on the market. Therefore, if you borrow or buy a second-hand car or booster seat, you should ensure it has not expired. If you do not see an expiration date anywhere on the car seat or in the manufacturer’s manual, you should not install or place your child in that car seat. You should also be on the lookout for recalls, as many car seats and booster seats are recalled each year.

Where can I get a free car seat check in Delaware?

If you need help installing a car seat or want a free car seat check, there are several different car seat fitting stations around Delaware. A few of these stations can be found at:

• Wilmington DMV at Rt. 13 South in New Castle
• Dover DMV at Rt. 113 South in Dover
• Mill Creek Fire Company on Kirkwood Highway in Marshallton
• Christiana Hospital – Women’s Health Building at 4755 Ogletown Stanton Rd in New Castle
• DuPont Hospital for Children at 1600 Rockland Rd in Wilmington
• City of New Castle Police at 1 Municipal Blvd in New Castle

If your child is injured in a car accident due to a negligent driver or defective car seat, the Delaware car accident lawyers at Silverman, McDonald & Friedman can help. We know how expensive and traumatic the injuries from these accidents can be. The harm can impact your child’s quality of life going forward, sometimes permanently. However, with our help and guidance, you can rest assured knowing that we are there to protect your rights and help you obtain the justice and compensation you need to cover your child’s medical bills, expenses, pain and suffering, and more. Please call our office or complete our contact form to schedule a free consultation in Wilmington, Newark, or Seaford today.