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Children & Car Accidents In Washington State: The Laws & The Statistics

By Christopher Davis

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Published: 12Jan2009
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Every state, including Washington, requires the use of approved child safety seats for children under the age of 5. According to NCSA there is only a 90% compliance rate with respect to using approved safety seats for children under this age. The Washington State Patrol (WSP) recommends that for children who are under 1 or who weigh less than 20 lbs., the parents should follow the guidelines of the American Academy of Pediatrics (AAP) by seating the child facing the rear of the vehicle. Children who are ages 1 to 4 and weigh 20 to 40 pounds can sit facing the front of the vehicle. Children between the ages of 4 and 8, or who are no taller than 4'9'', Washington law requires that booster seats (including lap and harness belts) be used. The WSP recommends that the booster seat also meet AAP guidelines. The child restraint system must be used properly according to the instructions of both the seat AND vehicle manufacturer.

The WSP also recommends that an approved booster seat be used if:
(1) the child's knees do not bend comfortably at the edge of the seat,
(2) the child does not sit with his/her hips all the way against the back of the auto seat,
(3) if the lap belt does not lie on top of the child's thighs,
(4) if the shoulder harness is not centered on the child's shoulder and chest, or
(5) if the child cannot stay seated with the above conditions during the entire trip.

Notably, a recent study found that a key factor influencing the increased risk of harm to children in accidents is when the child is prematurely moved from a child restraint system up to an adult seat and then allowed to sit in the front seat too soon (Source: Partners for Child Passenger Safety Fact and Trend Report, 2006.).

Parents can visit the website of the Washington State Safety Restraint Coalition to check out the current Buyer's Guide to Child Car Seats and Booster Seats.

Washington law also requires that children under the age of 13 must sit in the back seat of the vehicle when it is practical to do so. AAP guidelines also recommend that children under the age of 13 sit in the back seat regardless of whether or not the vehicle is equipped with a passenger-side air bag. The age of 13 may appear to be an arbitrary figure, but studies show that most children at this age are still smaller than the average adult. So to reduce the risk of serious injury, it makes sense that the law requires children under this age to sit in the rear of the vehicle.

Interestingly, children are not required to wear seat belts while riding on a school bus. The NHTSA has determined that school buses already have "built in protection" for children based on the special construction and size of bus seats so seat belt restraints are unnecessary. However, school bus crashes occurring at speeds greater than 35 mph still pose a serious risk of harm to children who are riding on the bus. There are certain precautions that, if exercised, can reduce the chance of serious injury in bus accidents. If your child's bus does not have safety belts, teach your child to ride near the front of the bus and to never stand in the bus while it is moving. Studies have also shown that two children riding on a bench seat have a lower risk of injury than three (3) occupants riding in the same seat.

Schools should provide adequate adult supervision while children are boarding and exiting the bus. All bus stops should be located in safe locations that minimize the need for children to cross the street. Parents are well advised to trace your child's normal route to and from school to spot potential danger spots and instruct your children where to walk and cross the street.

Christopher M. Davis is a Seattle attorney focusing on personal injury and car accident cases. He is known for his special focus on cases involving children and has written the the book 'Little Kids, Big Accidents' as a resource for parents of injured children. You can learn more about Mr. Davis by visiting his website at http://www.DavisLawGroupSeattle.com.

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