What Age Can Kids Sit in the Front Seat in Texas?

Although no specific laws in Texas govern where a child must ride in a passenger car, it is legally required that all children under eight years old or under 4’9’’ in height must use an appropriate child safety seat system whenever they ride in a passenger vehicle. Under the Texas Occupant Restraint Laws, the child safety system must be used according to the manufacturer’s instructions.

Further, all rear-facing seats are illegal to use in the front seat due to airbags since they are specifically designed to increase the safety of adult passengers. The offense is considered a misdemeanor under the law, and a fine of $25 to $250 plus the court charges is imposed for violations.

And, while it’s true that a child over eight can ride in the front seat if they’re under 4’9”, it’s still highly advisable to continue using a child safety seat system until they can correctly use an adult seatbelt.

Car seats protect the safety of children

Cars lack specific safety features for children, so extra precautions are essential when they ride with you. Using a car seat for children under eight and following the state’s laws for car seat laws is crucial for their safety in the event of an accident.

According to the National Safety Council (NSC), in 2022 alone, 599 children under the age of 13 died in car accidents. One hundred eighty-nine of them were found not secured in a safety car seat. If these children had been secured properly, the outcome could have differed for these unfortunate child passengers.

The National Highway Traffic Safety Administration (NHTSA) estimates that fatal injury for children under one year old can be reduced by 71% if car seats are properly secured and by 54% in toddlers. Thus, it is evident that using car seats—and ensuring they are adequately secured—is crucial for child safety in passenger cars.

If you or your child has been in a car accident due to someone’s negligence, then having a passionate and strong partner by your side can help you recover and fight for your legal claim. Pat Maloney is a trusted car accident lawyer in San Antonio, Texas, who has helped clients fight for their rights for 70 years.

Child safety in motor vehicles

Organizations such as the National Highway Traffic Safety Administration (NHTSA) and the Texas Department of State Health Services have published child safety guidelines based on state-imposed regulations.

• From birth to two years: Children of this age (or until they outgrow the manufacturer’s child safety guidelines) must be secured in rear-facing car seats with proper belts. In Texas, you cannot place rear-facing car seats in the front passenger seat with an airbag, as it could lead to serious injuries in case of an accident.
• Two to four years: Children can be shifted to the front-facing safety seat when they reach the recommended age and height. Check the manufacturer’s guidelines and recommendations before moving children to the front-facing safety seats.
• Four to eight years: As the manufacturer’s guidelines recommend, children can move to booster seats once they reach their maximum age and height. Booster seats are always placed in the back seat.
• Eight years and older: Once the children reach a height of 4’9” and the recommended weight, they can come out of booster seats and sit in regular car seats. Essentially, your child can use regular car seats when they can comfortably strap both the shoulder and lap seat belts.
• Thirteen years and older: Children may sit in the front seat, secured with shoulder and lap belts.

Not following the regulations may result in severe fines under child endangerment charges, especially if the child is in the front seat.

If you need help installing car seats or want to ensure you installed them correctly, there are a handful of locations in San Antonio that provide free car seat installation safety consultations.

Tips to adequately fasten child car seats

Children riding in passenger cars are the most vulnerable, as slight negligence from anyone can result in a catastrophic accident. However, there are some steps you can take to ensure your child is safe in the event of a high-impact accident. Follow these recommendations before, during, and after the use of a car seat:

• Manufacturer recall: Always check for manufacturer recalls when using a car seat. Double-check if you are taking it out after a considerable time or buying a second-hand model.
• Check for expiration: Car seats expire within 6-12 years of manufacturing. If there’s no expiration date mentioned, then assume that it expired after 6 years of manufacturing. Never use expired car seats.
• Check before driving: Ensure that all belts and straps are secured adequately, all components are fully functional, and no belts are left unstrapped before you start driving.
• Installation guides: If you are a first-time parent or unsure how to install the car seat, manufacturers typically upload step-by-step installation tutorials on their websites. Watch a tutorial to ensure you understand the function of every component and install it correctly in your car.
• Component check in summer: Summers in Texas get very hot. Before setting your child in the car seat, check if any component is compromised by high temperatures. Feel the belts and buckles to see if they are hot before buckling your child to prevent burns.
• After the accident: Discard the car seat if it has been in an accident because its structural and component integrity has been compromised.

Children injured in car accidents deserve the best representation

You cannot prevent an accident from happening to you or your child, even if you follow all the rules and safety regulations. Innocent children are injured more severely in high-impact accidents because their bone structures are not fully developed at a young age.

If you or your child has been in a car accident due to someone’s negligence or injured due to a faulty booster seat or safety car seat, contact Pat Maloney: Accident & Injury Attorney. We are here to fight your legal battles while you take care of your loved ones. We aim to provide the best legal representation and fight for your claim to cover your child’s medical bills and recover the compensation you deserve.

Don’t hesitate to call our office at 210-585-2670 or fill out our online contact form for a free case evaluation.