As of 2025, California Law requires children under the age of 8 years old to be in a car seat or booster in the back seat. This law applies to all children under the age of 8 unless they are 4’ 9” or taller. In addition, children under the age of 2 years old must be in a rear-facing car seat unless they weigh over 40 lbs or are over 40 inches in height.

California Car Seat Laws Coming in 2027

In 2027, a new California law is aimed at keeping children in booster seats for longer, and imposing fines if their seat belt is not worn properly. These regulations are will require child riders to pass a five-step test. This means children will need to pass a “five-step test” to graduate from a booster seat to an adult seat belt. Failure to pass the five-step test means the child must continue using a booster seat. To graduate to an adult seat belt, a child must be able to:

• Sit with their back against the seat
• Knees bending comfortably at the edge of the seat
• Shoulder belt crossing the center of the chest and shoulder
• Lap belt resting on the thighs, and not the stomach
• Ability to stay seated properly for the entire trip

Penalties for Violating Car Seat Laws in California

According to a recent report from the CDPH, more than 1,000 children are killed in motor vehicle crashes in the U.S. every year due to car seat law violations. For that reason, there are strict penalties for parents or guardians who violate California car seat laws. Local and state police in California are permitted to hand out citations, which can carry the following penalties:

• Fines: A first-time offense will result in a $100 fine, while subsequent violations will cost up to $250.
• Points on Your License: Each violation adds one point to your driving record. Accumulating too many points within a specific time frame can lead to a driver’s license suspension or revocation.
• Increased Insurance Rates: Accumulating points can lead to higher insurance premiums
• Mandatory Educational Program: A judge may order the convicted driver to complete an educational program or proper child seat installation
• Child Endangerment Charges: If a child is exposed to unjustifiable danger, a prosecutor could file criminal charges for child endangerment under Penal Code 273a PC. A violation of this law can carry a heavy fine or up to 1 year in jail

Can You Recover Compensation for an Accident if You’re Child is Injured in an Accident While Not Properly Seated?

If you’ve been in an accident that was another driver’s fault and you or your child were injured, you may be entitled to file a personal injury lawsuit. However, if your child was not properly restrained in a car seat or booster seat, then it may make recovering the full extent of your damages more difficult.

The state of California follows comparative negligence laws, which essentially means you can still recover compensation, even if you’re 99% at fault. In the situation where your child is not safely restrained, this can be difficult to prove your child’s injuries were the fault of another person’s careless actions. But that’s where hiring a Personal Injury Lawyer at Maison Law can protect you from liability and ensure your injured child is compensated.

At Maison Law, we have the legal resources to connect your child to immediate medical attention and ensure they recover compensation, even if you were partially at fault. Contact us today for a free consultation to discuss your legal options.

Statute of Limitations for Injured Children

A child’s injury case falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

However, if the victim was a minor, the statute of limitations will be withheld until the minor turns 18. Once the child turns 18, the two-year statute of limitations will start.

Child Personal Injury Claim v. Adult Personal Injury Claim

When a child is injured due to another person’s careless or reckless actions, they reserve the same right to compensation as an adult. However, there are key differences between personal injury claims for adults and those for children:

• Minors (individuals under 18 years of age) cannot file their own personal injury claim. Their parent, or legal guardian must file one on their behalf.
• Settlement agreements awarded to children must be reviewed and approved by a judge before they are finalized.
• Children have the right to wait until they are no longer a minors to file their own personal injury claim.

Contact a California Personal Injury Lawyer

If you and your child have been injured in a car accident, you have a right to seek damages for yourself and your child. At Maison Law, we understand how difficult it can be to watch your child’s life be negatively affected by a car accident. It isn’t fair. But we can help you and your child receive financial compensation to make the process easier.

Don’t wait until it’s too late to take legal action on behalf of your child. Contact Maison Law today for a free, no-risk consultation and case evaluation. No upfront money is required, and we don’t get paid until we win your case.