Car crashes continue to be a leading cause of death for children in the United States. According to the National Highway Traffic Safety Administration (NHTSA), approximately 124,172 children ages 14 and younger were injured in a vehicle crash in 2022 and 756 were killed.
With such devastating numbers, Chicago parents and caregivers must take the proper precautions to keep their children safe while traveling in a vehicle. This can be done by understanding car seat laws in Illinois.
At Disparti Law Group Accident & Injury Lawyers, we want our fellow Chicagoans and their families to know how to stay safe before a crash ever happens. Keep reading to learn more about Illinois car seat requirements, how to choose the right car seat, and how to check it’s been installed properly.
In this Article:
- Illinois Car Seat Laws & Requirements
- Choosing the Right Car Seat
- Common Mistakes When Installing a Car Seat
- 2024 Free Car Seat Check
- How Important Are Car Seats in Preventing Injury
- Replacing Car Seats After a Crash
- Contact a Chicago Car Accident Lawyer
Illinois Car Seat Laws & Requirements
Each state has its own car seat laws, so it’s important to be aware of this while traveling across states. In Illinois, car seat laws are covered by the Illinois Child Passenger Protection Act (625 ILCS 25/4). Children should always be securely fastened in their car seats.
Illinois car seat laws require children under the age of 8 years to be secured in a child restraint system (car seat). While there are no federal car seat laws, the U.S. Department of Transportation provides federal standards for car seats. The Illinois Child Passenger Protection Act requires all car seats to meet these standards including booster seats.
The Act also states that:
- Children 2 years and younger must remain in a rear-facing car seat unless the child is at least 40 inches tall or 40 pounds.
- Parents must provide a car seat for children 8 years and younger if they are traveling with another person.
- Children weighing at least 40 pounds may sit in the back seat with a seat belt that only crosses the lap if there is not a lap-shoulder belt available.
Furthermore, Illinois seat belt laws require all documents ages 8 to 16 to wear seat belts. It is, however, strongly encouraged to keep children riding in a car seat as long as possible, until they are too big to fit into a booster seat regardless of their age.
Choosing the Right Car Seat
The Illinois Child Passenger Safety Protection Act has specific car seat requirements depending on a child’s age. It’s also a good idea to check your car seat label for the exact height, weight, and age limits for more guidance. Follow these guidelines when choosing the right car seat for your child.
Rear-Facing (Birth to 3 Years)
Although Illinois car seat laws only require children under the age of 2 to ride in rear-facing car seats, it’s recommended that they remain rear-facing as long as possible. Note: NEVER place rear-facing car seats in the front seat.
- Chest clip should be at the armpit level.
- Harness straps snug at or below the child’s shoulders. Harness straps are flat, not twisted.
- Car seat is buckled in tight and does not move more than one inch at the belt line.
Forward-Facing (2 Years to 7 Years)
- Harness straps snug and at or above the child’s shoulders.
- Place chest clip at the armpit level.
- Use tether at all times.
- Car seat is buckled in tight and does not move more than one inch at the belt line.
Boosters (4 Years to 12 Years)
Children who are too big for forward-facing car seats but not quite big enough for a normal lap-shoulder seat belt should use booster seats. Booster seats raise a child into a position to help the lap-shoulder belt fit properly.
- Lap belt should lie snugly across the hips and upper thighs, not the stomach.
- The shoulder belt guide should be at or just above the shoulder.
- NEVER use booster seats with lap-only belts.
- Shoulder belt should not lie across the neck or face but snugly across the shoulder and chest.
- Never place shoulder belt behind the back or under the arm.
Seat Belts (8 Years to 13+ Years)
While most kids can safely use a seatbelts between the ages of eight and 13, it is recommended to keep them in booster seats as long as possible. Here is how to know if your child is ready for a seat belt:
- Child’s feet sit flat on the floor
- Knees can bend naturally over the edge of the seat.
- Child can keep their back against the vehicle seat while slouching.
- Lap belt fits snugly across the hips and upper thighs, NOT the stomach.
- Shoulder belt fits snugly across the chest and shoulder, NOT the neck and face.
Keep in mind that seat belts fit differently from vehicle to vehicle. Once you find the correct car seat, be sure to check it’s installed correctly (keep reading to learn how to check). You should also register the car seat to receive recall updates.
Common Mistakes When Installing a Car Seat
According to the NHTSA, many parents and caregivers believe they know how to install their car seats properly. But in reality, only about half (48%) have actually done so. Common mistakes when installing a car seat include:
- installing the car seat too loosely.
- failing to use the tether for forward-facing car seats with either the seat belt or lower anchors.
- harness straps left too loose.
Parents can show love and care for their children by ensuring their car seats are properly installed and secured — Every. Single. Ride.
2024 Free Car Seat Check
If you are concerned about whether you installed your child’s car seat correctly or not, you can likely find a professional who can check the installation for you. In Chicago and throughout Illinois, you can get your car seat checked for FREE by a certified child passenger safety technician during Child Passenger Safety Week, September 15-21, 2024.
And September 21 is National Seat Check Saturday where you can also find locations for car seat checks throughout the country.
It’s easy to find a car seat check location near you and schedule an appointment.
How Important Are Car Seats in Preventing Injury
There’s no question — car seats save lives. In one year alone, 325 children under 5 were saved because they were properly secured in their car seat. Correctly installed car seats can reduce the risk of fatal injuries in a car accident by 71% for infants and 54% for toddlers.
Furthermore, the NHTSA estimates that child car seats have saved nearly 12,000 children under the age of 5 since 1975. That’s thousands of families who never had to go through the devastating loss of a child.
Replacing Car Seats After a Crash
So what happens if you are in a crash and the car seat does its job by protecting your child from major injury? Do you continue using the same car seat? Unless it was a minor crash, the answer is usually no — for moderate to severe car crashes, car seats must be replaced.
But for many families, car seats are a major expense, especially with multiple children. Fortunately, Illinois law (215 ILCS 5/143.32) requires insurance providers for private passenger vehicles to include coverage for replacing car seats after a crash if the seats were used at the time of the accident.
Many may not know this requirement and insurance companies may try to take advantage of that to save a buck. A car accident lawyer would be able to advocate for you in case insurance tries to avoid covering a replacement car seat.
Contact a Chicago Car Accident Lawyer
Following car seat requirements in Illinois properly is not the only way Chicago families can keep their children safe. Having a trusted Chicago car accident lawyer you can call after a crash can also help protect your family from the financial challenges that may come in case you or your child(ren) sustain injuries.
One of our experienced car accident attorneys can help guide you every step of the way so you can focus on healing and recovery. If you or a loved one has been injured in a vehicle accident, contact us today for a FREE case review and find out why thousands say… Larry wins!
