Selecting the right car seat and securing it properly are critical to keeping a child safe while traveling in a vehicle. Car seats are not only incredibly important in the event of an accident, but are also mandated by law in many cases. Las Vegas car accident lawyers explain Nevada’s car seat laws in an effort to bolster child passenger safety.
Nevada law requires that any child must sit in an approved child-restraint system when under the age of six and weighing less than 60 pounds (NRS 484B.157). An approved child-restraint system is one that is in accordance with the Federal Motor Vehicle Safety Standards, and is:
The Nevada Department of Motor Vehicles (DMV) specifies the following seat recommendations by age, in order to keep children safe in vehicles:
Seat Belt Tips: Children sitting in booster seats designed for shoulder belts should not use only a lap belt. At no time, should items such as books, towels, or pillows be used to boost a child. Shoulder belts should always lie across the chest, and never behind a person’s arm or back, since it will eliminate any protection for the upper body in a crash.
The National Highway Traffic Safety Administration maintains a directory of many inspection stations, which can connect you to a certified technician in your area. The certified technician will perform a car seat inspection for free, and will likely demonstrate how to correctly install and use it.
Seat belts are effective only when positioned correctly. Nevada safety guidelines emphasize that a child must be tall enough to sit against the vehicle seat with knees bent at the edge, feet flat on the floor, and the belt properly aligned. Incorrect placement, such as the shoulder belt behind the back or the lap belt across the stomach, increases the risk of serious internal or spinal injuries during a crash.
The fines and amount of community service for violating the child restraint law will typically depend on the driver’s history of violations:
| Violation | Fine | Community Service |
| First Offense | $100 – $500 | 10 – 50 Hours |
| Second Offense | $500 – $1,000 | 50 – 100 Hours |
First-time offenders may avoid penalties by taking a class that teaches about child restraint safety within 60 days of sentencing. If it’s the driver’s second offense, the judge may reduce the fine or community service by half. A third or subsequent violation will result in a suspension of the driver’s license for a period of 30 to 180 days.
Since car seat violations are not considered moving violations, points will not be added to the driver’s record by the DMV.
Nevada recognizes that some situations require flexibility. Under state law, children may be exempt from car seat requirements in certain scenarios, including:
Medical exemptions typically require documentation from a licensed physician.
Even if a car seat looks undamaged after a collision, it may no longer provide adequate protection. The National Highway Traffic Safety Administration (NHTSA) advises parents to replace a car seat after moderate or severe crashes. NHTSA defines a minor crash as one that meets all of the following conditions:
If any of these conditions are not met, the crash is considered moderate or severe, and the car seat should be replaced immediately. Insurance companies often cover replacement costs when the car seat was occupied during the collision or when the crash meets NHTSA’s replacement criteria.
Comparative Negligence
If a child was not secured correctly Nevada’s comparative negligence rules may apply. Under this law, damages are reduced by the percentage of fault assigned to the injured party. Insurance companies may argue that improper car seat use contributed to a child’s injuries. If the injured party is found 51% or more to blame, they cannot recover any compensation.
Defective Car Seats
In cases involving defective car seats, parents may also pursue claims against the manufacturer, especially if the seat failed during a collision despite correct use.
Car seat manufacturers occasionally issue recalls for defects that could place children at risk. These defects may involve buckle malfunctions, weakened components, fire hazards, or failure to meet federal safety standards. The following resources help parents confirm whether a car seat is affected:
If a car seat is recalled, manufacturers must provide a free repair kit, refund, or replacement depending on the nature of the defect. Parents should stop using recalled seats immediately until the issue is corrected.
If you have been involved in an accident that was not your fault while your child was in a car seat, please do not hesitate to contact our office. A consultation with a Las Vegas car accident lawyer is free.