New Jersey sets specific rules for how children must be secured in a vehicle. The current law is N.J.S.A. 39:3-76.2a, as updated by P.L. 2015, c. 50, which took effect on September 1, 2015. The rules depend on a child’s age and height, and they change as the child grows.

The Rules by Age and Height

The New Jersey Office of Attorney General lists these requirements for children riding in a vehicle:

• Under 2 years old and 30 pounds: rear-facing seat with a five-point harness.
• Under 4 years old and 40 pounds: rear-facing until the upper limits of that seat, then a forward-facing seat with a five-point harness.
• Under 8 years old and under 57 inches tall: a belt-positioning booster seat once the child outgrows the harnessed seat.
• Over 8 years old or 57 inches tall: properly secured by a seat belt.

Because the age and size thresholds overlap, read the seat manufacturer’s height and weight limits as well. Those limits can be stricter than the state minimum, and a certified car seat technician can check whether a seat is installed and fitted correctly.

Rear Seat Placement

When a vehicle has a rear seat, children should be secured there under the rules above. If a vehicle has no rear seat, a child may ride in the front seat under the same rules, but a rear-facing seat should never be placed in front of an active passenger-side airbag. A rear-facing seat may be used in that position only if the airbag is turned off.

Using a Booster Is Not Contributory Negligence

The statute also provides that failing to use a child restraint system or a booster seat cannot be treated as contributory negligence. In a New Jersey injury case, that matters because comparative negligence can reduce a recovery based on the injured person’s share of fault. Under the statute, a child’s failure to use a seat or booster cannot be counted as contributory negligence.

If Your Child Was Hurt in a Crash

Claims involving children can involve different deadlines, steps and insurance questions than adult claims. If your child was hurt in a crash in New Jersey, a lawyer can explain your options and what paperwork to keep.

Where to Find More Information

The New Jersey Office of Attorney General’s Division of Highway Traffic Safety publishes child passenger safety information on its website. If you are unsure whether a seat is right for your child, check the manual and ask a certified technician. This article is general information and not legal advice.

How Blaise Injury Law Can Help

Blaise Injury Law offers free consultations for families dealing with a crash involving a child in New Jersey.

Call (856) 340-5685 or visit our contact page to get started today.