Wisconsin Car Seat Laws — Are Your Children Safe?

Securing your child in a car seat or booster seat appropriate to their age and size helps keep them safe.

Wisconsin child safety laws specify different types of seats as a child grows.

Let’s take a closer look at Wisconsin car seat laws: what are the requirements, what happens if you violate them, what the numbers say about car seat effectiveness, and what happens in the event of a car accident.

Wisconsin Car Seat Requirements by Age and Weight

Wisconsin requires children under four years old and who weigh less than 40 pounds to be secured in a car seat in the back seat while riding in an automobile, minivan, SUV, or other motor vehicle.

As a child outgrows a car seat, they should transition to a booster seat until they turn 8, weigh at least 80 pounds, and stand at least 4 feet 9 inches tall.

The Wisconsin Department of Transportation has a tiered system of car seat safety require-ments specific to a child’s age and size.

A child passenger must ride in a rear-facing child seat in the vehicle’s back seat until the child is both a year old and weighs 20 pounds. Children are most secure in a rear-facing car seat as long as the seat fits properly.
Children at least one year old and weighing 40 pounds must then ride in a forward-facing child seat. The forward-facing car seat must be placed securely in the vehicle’s back seat if the vehicle has one.
Children must ride in a booster seat until they are either eight years old or at least 80 pounds or at least 4 feet, nine inches tall. Children are most secure in a booster seat until they outgrow it and an adult seat belt fits properly across their shoulders and hips.

Wis. Stat. § 347.48(4) states that car seats and booster seats must comply with federal safety standards established in 49 CFR 571.213.

Look for printed confirmation on the packaging that a car seat meets the minimum standards before you purchase it. Be sure to register your child’s car seat with the manufacturer so you can receive safety updates and recall notices.

What Are the Penalties for Not Complying?

Like the state’s tiered child seat requirements, there are tiered penalties for violating Wiscon-sin child safety seat laws:

Non-compliance with car seat requirements for a child under four – Total penalty of $175.30
First violation of car seat requirements for a child four to eight – Total penalty of $150.10
Second violation of car seat requirements for a child four to eight – Total penalty of $200.50
Subsequent violations of car seat requirements for a child four to eight – Total penalty of $263.50

There are no exemptions to these penalties. A motorist may still be fined if they temporarily remove the child from their car or booster seat to feed or change their diaper.

What the Numbers Say About Car Seat Effectiveness

So, why are there car and booster seat laws in Wisconsin?

The state requires young children to be secured in car seats because these child restraint systems have been shown to reduce the severity of injuries children sustain in collisions and save lives.

According to the National Highway Traffic Safety Administration, correctly installed car seats reduce the risk of fatal injury by 54 percent for toddlers and 71 percent for infants, saving approximately 325 lives every year.

Note the emphasis on correctly installed. The NHTSA notes that about half of all car seats are installed incorrectly, leaving children at heightened risk in a collision.

As a parent, be sure to read your child’s car seat instructions carefully before you install the equipment.

Consider looking up the nearest car seat inspection station so that a certified child passenger safety technician can check that your child seat is properly installed for maximum protection.

What Happens If My Child Is Injured Despite Using a Car Seat?

Car and booster seats can protect a child in the event of a collision, but they are not 100 per-cent effective.

If your child was injured in a crash despite being in the appropriate child safety device, you may be entitled to seek compensation for your child’s medical expenses from one or more of the following:

The driver who hit you
The employer of the driver who hit you, if that person was on the job at the time
The company that manufactured the child seat, if the child seat was defective and unsafe for use
The company that sold you the child seat, if it modified the seat or sold you a seat that had already been involved in a crash

This compensation could cover the harm your child and your family suffered, both financially and personally, including:

The cost of your child’s past and future medical and rehabilitative care
The pain and suffering your child endured
Any permanent scarring and disfigurement your child suffered
Lost income if you need to take off work to care for your child
Diminished earning potential if your child’s injuries are permanent

Why Choose LawtonCates If Your Child Was Hurt in a Wisconsin Car Accident

At LawtonCates, our legal team cares about your child’s well-being and wants to do what we can to pursue the full compensation your family deserves.

Turn to us for help if your child was hurt in a Wisconsin car accident caused by another motorist:

The personal injury attorneys at LawtonCates have more than 65 years of experience handling complex injury cases.
We are selective about the cases we take so that we can focus carefully on each individ-ual client.
We offer direct access to our attorneys so that you will never be unsure where your case stands.
We are known by judges, juries, defense attorneys, and insurers as aggressive negotia-tors and skilled litigators who won’t back down from a fight.
We are known for our client service, maintaining an “AV – Preeminent Lawyers” rating with the legal directory Martindale-Hubbell.

We are proud to have recovered life-changing compensation on behalf of Wisconsin car accident victims, including a $463,000 verdict for a client in Dane County who suffered serious injuries when an uninsured driver crossed the center line and collided with them head-on.

While this result doesn’t guarantee a specific outcome in any future case, it reflects our expe-rience handling cases involving serious injuries.

Contact LawtonCates for a Free Consultation

Has your child been injured in a car accident in south central Wisconsin?

If so, LawtonCates can hold the responsible parties accountable and demand the full compensation available to you under Wisconsin law.

Let us provide you with the experienced and determined representation you de-serve during this challenging time.