Car safety seat laws often ignored in carpools in New Mexico?

March 23rd, 2012
by Lawyer

What would you do if your child was injured in a car accident while riding in someone else’s car on the way to preschool in New Mexico? Sound far-fetched? Sadly, many adults fail to use booster seats for children when carpooling in New Mexico and elsewhere.

A recent nationwide study found that 76 percent of 681 parents of children 4 to 8 years old say they use a booster seat for their own child, but only 55 percent use one when driving other children. And when it comes to carpooling, 21% of parents do not insist on a booster seat when their child rides with another driver, according to a study published in the February issue of Pediatrics.

So many factors can come into play if your child is injured in an accident while riding in someone else’s vehicle. At Whitney Buchanan, P.C., a New Mexico auto accident lawyer at our law firm can work with you to individually review your potential case.

We understand how hard it can be to decide what’s the right thing to do after an accident. Allow one of our experienced attorneys to sit down with you and decide the best course of action, including whether to file a New Mexico auto accident lawsuit.

No two cases are alike. That’s why we take a unique approach for each client. You deserve to be treated with dignity and respect – not like just a number. Contact an Albuquerque auto accident attorney who puts people first. Contact Whitney Buchanan, P.C.

The law in New Mexico is as follows, according to NMSA 66-7-369(B):

Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows:

(1) Children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag;

(2) Children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards;

(3) Children five years of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in either a child booster seat or an appropriate child passenger restraint device that meets federal standards; and

(4) Children seven years of age through twelve years of age shall be properly secured in a child passenger restraint device or by a seat belt.

Accidents happen fast. But the effects can last a lifetime. If you or a loved one has been hurt in a car accident in New Mexico, take action. Contact Buchanan Law Offices, 5201 Constitution Avenue, NE, Albuquerque, NM or call (505) 265-6491.

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