Change to Michigan Child Car Seat Law Making Its Way through Legislature -- No More Fine Waiver for Violators

Parents of young children need to be aware of a pending change to state law. The Michigan Senate recently passed a bill that, if it is passed by the House and signed into law by the governor, would toughen up the Michigan's child car seat law.

Under the current Michigan child car seat law, all children under the age of four must be secured in a child restraint system (i.e a car seat) whenever riding in a motor vehicle. Getting caught transporting a child under four without a car seat results in a citation and $10 fine, plus court costs. However, the current law also makes it mandatory for courts to waive the fine if the cited driver can show that he or she has since obtained a lawful car seat and is employing it properly.

Apparently, this mandatory waiver clause has led a number of parents to borrow a car seat long enough to show it to the court and get out of the fine. Then they return the car seat to the lender and continue driving their young children around without a car seat. Why any parent would put their kinds in jeopardy like that is unclear, but the days of taking advantage of the waiver loophole may soon be over. The new bill passed by the state Senate and under consideration by the House will, if passed into law, eliminate the mandatory fine waiver, leaving the option of waiving the fine to the discretion of the judge, giving courts room to fine any violators of the car seat law that may need extra incentive, including repeat offenders.

Additionally, the bill would allow courts to assess an additional justice system assessment of $40. Combined with court costs that run $35 to $53, depending on the court, the total cost of a car seat violation could be as much as $103 -- a much more substantial penalty to motivate drivers to put kids in car seats.

Kids in Car Accidents — Michigan Child Car Seat Law Isn't Always Enough

It is absolutely tragic when a child is injured or killed in a car accident. The safest place for them to be is in a car seat or booster seat (if age appropriate) in the back seat, just as the Michigan child car seat law prescribes. But sometimes its necessary to seat kids in the front seat. Sometimes an accident is so severe that it doesn’t matter where they’re sitting. Sometimes injuries or death occur even when a child is properly restrained in a safety seat.

When serious injuries or death results to a child involved in a car crash, the damages the child and family suffer go far beyond the medical expenses covered by Michigan no-fault insurance. In such cases, families are only able to recover damages by bringing a lawsuit against the driver at fault. This is possible even if the child was not in a car seat and should have been. Such factors may reduce the amount of damages that can be recovered, but don’t eliminate the possibility altogether.

In Michigan, the personal injury attorneys at Sachs Waldman, P.C., can help families whose children have been injured or were victims of a wrongful death due to a car accident. We can help evaluate your case and give the you the best chance of recovering the full value of the damages you and the children involved have suffered. Call our Detroit personal injury attorneys’ office at 1-800-638-6722 to schedule a free consultation.