Partner at Charbonnet Law Firm LLC
Practice Areas: Personal Injury Claims
Few things are harder to picture than your child hurt in a crash you could not prevent. Car accidents remain a major cause of injury and death for children in the United States, and a child’s body handles a collision very differently from an adult’s, which is why the right seat, used the right way, matters so much. Worried you have it wrong?
Most parents do at some point, and the fixes are usually simple once you know the rules, the same rules the car accident attorneys at Charbonnet Law Firm walk families through after a wreck involving a young passenger.
This guide covers the most common crash injuries a child suffers, the everyday habits that can lower the risk, what Louisiana’s child restraint law actually requires by age, and the legal rights your child has if another driver caused the harm.
A child is not a small adult, and a crash makes that precise. Growing bones, softer tissue, and a head that is large for the body mean a force an adult might walk away from can seriously injure a child, even in a minor wreck.
That is why our reason-constraint system is tailored to age, weight, and height rather than treating all the same. The injuries we see in young (child) passengers tend to be the serious kind, and some rise to the level of catastrophic injuries that reshape a family’s life.
Common injuries include head trauma and brain injuries, neck or spinal cord damage, broken bones, deep cuts, internal injuries, and lasting emotional harm such as anxiety, depression, or post-traumatic stress. Some of these (concussions and internal injuries in particular) do not show themselves at the scene, so a prompt medical check after any real impact is not optional.
The basics save lives, and most cost nothing. Buckle every child correctly on every trip, no matter how short, and put kids under 13 in the back seat where front airbags cannot hurt them. Read both the car seat manual and your vehicle’s manual, because a seat installed incorrectly protects less than parents assume. Never leave a child alone in a car, where heat can turn deadly fast.
A few habits are worth a second look. Register a new car seat so the manufacturer can reach you about recalls, and think twice about hand-me-down or secondhand seats, which may be expired, recalled, or quietly damaged. If you are not sure your install is right, many fire stations and police departments will check it for free. Small steps, real protection.
Louisiana’s child passenger restraint statute (La. R.S. 32:295) ties the right seat to your child’s age, weight, and height, and it moves through clear stages. The law applies to children under 18 and requires each child to be restrained in accordance with the seat and vehicle manufacturer’s instructions. When a child fits into more than one category, the law requires using the more protective option.
Here is the short version of the stages. The state legislature publishes the full text on its official statute page, and the practical breakdown looks like this:
| Stage | Who it covers (under La. R.S. 32:295) | Where they ride |
| Rear-facing car seat | Younger than 2 (until the seat’s height/weight limit) | Back seat |
| Forward-facing harness seat | At least 2 and outgrown rear-facing limits | Back seat |
| Belt-positioning booster | At least 4 and outgrown the forward-facing harness limits | Back seat, with lap-shoulder belt |
| Adult seat belt | At least 9 (or outgrown booster limits), belt fitting correctly | Rear seat if under 13 and one is available |
A correctly fitting adult belt is the goal, not a milestone to rush. It fits when the child sits all the way back, knees bend at the seat edge, the lap belt sits low across the thighs (not the belly), and the shoulder strap crosses the center of the chest. For many kids, that height arrives around 4 feet 9 inches, often between ages 9 and 12.
Parents sometimes hesitate to pursue a claim because they worry the child was not perfectly restrained. Louisiana law answers that worry directly. Under La. R.S. 32:295, failure to use a child safety seat cannot be treated as comparative negligence and cannot be admitted as evidence of negligence in a civil case. In plain terms, a defense lawyer is not supposed to wave a missing booster seat at the jury to cut your child’s recovery.
Picture how that plays out. Suppose a child’s injury claim is worth $50,000, and the at-fault driver’s insurer argues the booster seat was misused, and the child was “30% to blame.” If that argument rests on the child restraint, the statute keeps it out, so the recovery is not reduced to $35,000 on that basis.
That protection is specific to the child restraint law, and it is one reason families should not assume a seat issue ends the case. An insurer may still try the argument, which is exactly why it helps to have someone who is aware of such a rule.
When another driver’s negligence hurts your child, your family may be able to recover for medical care, future treatment, pain and suffering, and related losses, much like any injury claim, but with the child’s interests at the center. The way child injury cases in Louisiana are handled puts the child first: a parent or guardian typically brings the claim on the child’s behalf, and Louisiana courts closely monitor how a minor’s recovery is approved and protected.
Timing can work differently for a minor, too. Louisiana law generally suspends prescription (the filing deadline) between parents and children during the child’s minority under Civil Code article 3469, which can affect when a child’s own claim must be brought. That said, do not treat extra time as a reason to wait, because evidence fades and related claims (a parent’s own losses, for instance) may run on the ordinary two-year clock. When a child is involved, the safest move is to ask a lawyer early how the deadlines apply to your specific situation.
La. R.S. 32:295 sets restraint by age and size: rear-facing under 2, a forward-facing harness seat after that, a belt-positioning booster at 4 and up once harness limits are outgrown, and an adult seat belt at 9 or older when it fits correctly. Children under 13 generally ride in the back seat when one is available.
When the adult seat belt fits correctly on its own, as the statute frames it, meaning the child is at least 9 and outgrowing the booster’s limits. A correct fit means the lap belt sits low across the thighs and the shoulder belt crosses the center of the chest, often around 4 feet 9 inches tall.
No, not as comparative negligence. La. R.S. 32:295 says failure to use a child safety seat cannot be considered comparative negligence or admitted as evidence of negligence in a civil action. An adjuster may still raise it informally, so it helps to have a lawyer who can shut that tactic down.
Most car accident claims operate for two years from the date of injury for crashes on or after July 1, 2024, as explained in our piece on Louisiana’s two-year filing deadline. Under Louisiana law, a minor’s prescription can be suspended during minority under Civil Code article 3469, which may alter the timing of the child’s own claim. Because related claims can run on the ordinary clock, ask a lawyer early.
Get medical care immediately, even if your child seems fine. Since concussions and internal injuries can surface later. Keep every record and bill, photograph the scene and the vehicles, and write down what happened while it is fresh. Then talk to a lawyer before giving any recorded statement to an insurer.
A crash that injures your child is its own kind of crisis, and the legal questions (who was at fault, what a claim is worth, how a minor’s deadline works) are the last thing you should have to sort out alone. The good news is that getting answers early costs you nothing and can protect your child’s rights before any deadline becomes a problem.
At Charbonnet Law Firm, our attorneys have stood up for injured families across New Orleans for three generations, and we can investigate the crash, gather the evidence that proves fault, deal with the insurer, and pursue full compensation for your child while you focus on their recovery. The consultation is free. Call us at (504) 888-2227 to talk through what happened and what your family can do next.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
