In Arkansas, child safety seat laws are designed to protect young passengers during car accidents. Violating these laws or using defective or improperly installed seats can significantly increase the risk of serious injuries, including head trauma, spinal cord damage, broken bones, or internal injuries.
The skilled legal team at LeVar Law Injury & Accident Lawyers can help families pursue compensation when a defective car seat or crash results in injury. By investigating the accident, gathering evidence, and negotiating with insurance companies, our attorneys ensure children and families receive the financial support they need to recover.
Below is some basic information about Arkansas car seat laws and how they could apply to your accident case. If you or your child were hurt in a car crash, we can discuss what happened during a free consultation.
Key Takeaways: Arkansas Car Seat Laws
- Arkansas Child Safety Seat Laws: Children must ride in rear-facing, forward-facing, or booster seats based on age, weight, and height, with all children under 15 required to wear seat belts.
- Importance of Proper Car Seat Use: Using the correct car seat and installing it properly reduces the risk of severe injuries such as head trauma, spinal injuries, broken bones, and internal damage during a crash.
- Defective Child Safety Seats: Even when used correctly, a defective car seat can fail due to design flaws, manufacturing defects, or inadequate warnings, increasing the risk of injury.
- Impact of Car Seats on Legal Cases: Pursuant to Arkansas Code § 27-34-106, failing to use a car seat cannot be used against a family in a civil car accident case. However, defective seats or accidents can lead to recoverable damages.
- How Our Lawyers Can Help: Our experienced attorneys investigate defective car seat accidents, gather evidence, negotiate with insurance companies, and are prepared to go to trial to secure maximum compensation.
Overview of Arkansas Child Safety Seat Laws and Types of Violations
Arkansas has strict laws governing the use of child safety seats to protect children during car crashes.
- Children under the age of 1 or weighing less than 20 pounds must ride in a rear-facing car seat.
- Those aged 1 to 3, or weighing 20 to 40 pounds, are required to use a forward-facing car seat with a harness.
Once a child outgrows these safety seats (generally around ages 4 to 7 and 40 to 60 pounds), a booster seat must be used until the child can safely fit into a vehicle seat belt; this is typically when they reach a height of 4 feet 9 inches.
These safety seat and booster seat laws are designed to minimize the risk of serious injuries or fatalities in crashes by ensuring that children are properly restrained.
Defective Child Safety Seats: Manufacturer-Related Violations
Safety seat and booster seat manufacturers contribute to unsafe conditions if their products are defective or fail to meet safety standards. Common manufacturer-related car seat violations include:
- Defective Harnesses or Buckles: If the harness or buckle is weak, malfunctions, or breaks during a crash, the child may be ejected or sustain serious injuries.
- Structural Defects: Weak plastic or poorly designed frames can collapse on impact, failing to absorb crash forces and exposing the child to head, neck, or spinal injuries.
- Improper Labeling: Incorrect or unclear instructions for installation, weight limits, or height requirements can lead caregivers to use the seat incorrectly, increasing injury risk.
- Noncompliance with Safety Standards: Seats that do not meet federal crash test requirements may fail in real-world collisions, leading to severe trauma even when properly installed and used.
- Recall Failures: When a manufacturer fails to notify consumers of a recalled or hazardous seat, children remain exposed to preventable risks.
Manufacturer-related violations can result in serious injuries even when caregivers follow the law.
Classifying These Types of Car Seat Defects
The specific types of defects listed above can generally be categorized under three broader issues:
- Design Defects: These occur when the car seat is inherently unsafe, even if manufactured correctly. Examples include weak frames, poorly positioned harnesses, or seats that do not meet federal crash test standards.
- Manufacturing Defects: Even a properly designed car seat can be dangerous if it is incorrectly made. Faulty buckles, broken latches, or weakened plastic components can fail during a collision, resulting in injury.
- Marketing and Warning Defects: Some lawsuits arise when manufacturers provide inadequate or misleading instructions. Failure to properly communicate weight limits, installation procedures, or usage guidelines can contribute to serious harm.
Defective Car Seat Litigation in Arkansas
Defective car seat litigation in Arkansas focuses on holding manufacturers accountable when child safety seats fail to protect children in motor vehicle accidents. These lawsuits typically arise when a car seat malfunctions due to design flaws, manufacturing defects, or insufficient warnings, causing injury or death to a child.
Arkansas law allows parents or guardians to pursue compensation for medical expenses, pain and suffering, and other damages if a car seat is proven defective. Litigation can also help prevent future injuries by pressuring manufacturers to correct or recall dangerous products.
Injuries That Can Result from Defective Car Seats
Defective car seats can significantly increase the risk of injury to children in the event of a car crash. Even when properly installed and used, a car seat with design flaws, manufacturing defects, or malfunctioning components may fail to protect a child. Injuries can range from minor bruises to life-threatening trauma, depending on the severity of the crash and the nature of the defect.
Head and Brain Injuries
One of the most common and dangerous injuries resulting from defective car seats involves the head and brain. If a seat’s harness, buckle, or structural components fail, a child may strike the interior of the vehicle or be ejected during a collision. This can result in concussions, skull fractures, or traumatic brain injuries (TBIs). TBIs can have lasting effects on cognitive development, memory, and emotional regulation, making proper car seat safety critical.
Spinal and Neck Injuries
Car seats are designed to support a child’s neck and spine during sudden stops or impacts. When a seat is defective, it may not provide adequate restraint, leaving the spine and neck vulnerable. Common injuries include whiplash, cervical fractures, and spinal cord trauma. Severe spinal injuries can lead to paralysis, lifelong disability, or chronic pain.
Internal Organ and Limb Injuries
Defective car seats can also result in broken bones, internal organ damage, or soft tissue injuries. If the harness or seat frame collapses, children may be thrown against hard surfaces or compressed by parts of the seat. Fractures of the arms, legs, ribs, or pelvis are common, and internal injuries may affect the lungs, liver, or kidneys. Even non-fatal injuries can require surgery, long-term rehabilitation, and ongoing medical care.
Compensation in a Defective Car Seat Case
To pursue a defective car seat claim in Arkansas, plaintiffs generally must prove that the seat was defective, the defect caused the injury, and the manufacturer or seller was responsible. Legal claims can involve strict product liability, negligence, or breach of warranty. Evidence may include the car seat itself, medical records, expert testimony, and manufacturer documentation.
Successful litigation can result in compensation for various damages, including:
- Medical Expenses: Costs for emergency care, hospitalization, therapy, or ongoing treatment.
- Pain and Suffering: Compensation for physical and emotional trauma experienced by the child and family.
- Punitive Damages: In cases of gross negligence, courts may award additional damages to punish the manufacturer and deter future misconduct.
Fighting the Insurance Company in an Arkansas Car Crash Case
When a child is injured due to a defective car seat, the path to obtaining fair compensation can be challenging. Insurance companies often attempt to minimize payouts, blame caregivers, or dispute the severity of injuries.
The experienced Arkansas car accident attorneys at LeVar Law Injury & Accident Lawyers regularly navigate these complex cases to ensure that families receive the compensation they deserve.
Thorough Investigation and Evidence Gathering
Our firm begins by conducting a comprehensive investigation into the car seat defect and the accident itself. This includes reviewing the child’s medical records, examining the car seat, obtaining accident reports, and consulting with experts in product safety.
By gathering detailed evidence, the attorneys can clearly demonstrate that the manufacturer’s defect, not caregiver negligence, caused the injury. This meticulous preparation strengthens the case and counters insurance companies’ efforts to downplay liability.
Negotiating with Insurance Companies
Insurance companies often aim to settle quickly for the lowest possible amount. Our lawyers use their knowledge of defective product claims and Arkansas law to negotiate aggressively on behalf of families. They understand the tactics insurers use to deny or reduce claims, such as questioning the severity of injuries, claiming misuse of the car seat, or citing technicalities in policy language.
By presenting clear evidence and legal arguments, our accident lawyers can secure settlements that fully cover medical expenses, ongoing care, pain and suffering, and other damages.
Pursuing Litigation When Necessary
If a fair settlement cannot be reached, our attorneys are prepared to take the case to court. We have extensive experience litigating product liability and car accident claims, allowing us to advocate effectively before a judge and jury. Our goal is to hold negligent manufacturers accountable while maximizing compensation for the child and family.
Can Failing to Use a Car Seat Affect Damages in an Accident Case?
In Arkansas, the failure to use a child safety seat does not automatically reduce or eliminate the ability to recover damages in a car accident case. Arkansas law specifically prohibits the failure to provide or use a child passenger safety seat from being considered as evidence of comparative or contributory negligence in civil actions related to negligence.
This legal provision ensures that parents or guardians are not penalized in a civil court for not using a child safety seat, even if such failure may have contributed to the severity of the child’s injuries. Therefore, in Arkansas, the absence of a car seat cannot be used by the defense to argue that the plaintiff’s own negligence caused or worsened the injury.
Despite this legal protection, navigating car accident claims can be challenging. The experienced Arkansas car accident attorneys at LeVar Law Injury & Accident Lawyers can provide invaluable assistance. We can gather the necessary evidence, consult with experts, and advocate on behalf of the injured party to ensure fair compensation is pursued.
Why We Should Represent You in Your Case
If you or a loved one is hurt in a car crash, LeVar Law Injury & Accident Lawyers can help you seek compensation and hold the negligent party accountable. It doesn’t matter if you’re taking on another driver, the maker of a safety seat or booster seat, or an insurance company. Our attorneys are on your side.
A History of Legal Excellence
Founded in 2013, our firm was built on a commitment to fighting for the underdog and helping Arkansas families put their lives back together after a difficult situation. When you bring us a personal injury case, it’s not just your case—it’s our case, and we take that responsibility seriously.
Experience and a Focus on Clients’ Needs
Our firm is led by an experienced leader who understands the challenges caregivers face, and we strive to support families in every way possible. To better serve our community, three staff members—including attorney Jose Ruiz—are fluent in Spanish.
Free Consultations with Our Attorneys
We offer free initial consultations and never give up on pursuing the compensation our clients deserve. With our law firm on your side, you gain a team that will fight tirelessly, handle every detail of your case, and make sure your voice is heard.
Contact Our Arkansas Car Accident Attorneys Today
LeVar Law Injury & Accident Lawyers is prepared to aggressively fight for your rights and the compensation that your family deserves. We are not afraid to take on major companies or insurers because it’s our goal to hold powerful interests accountable for regular families throughout the state.
For a free case evaluation with our Arkansas car accident attorneys, contact our law firm online or call us at (888) 220-7068.
