Reviewed by Larry Forman, Attorney
Every September, Child Passenger Safety Week reminds parents to check their car seats. When a crash happens anyway, parents face questions no one wants to ask: was the seat right, will the insurer blame us, and how does a child's claim work? A child car seat injury can come from the force of the crash, a seat that failed, or a child who'd outgrown the seat. Here's what Kentucky law says.
Kentucky's car seat and booster seat law
Under KRS 189.125:
- Children 40 inches tall or less must be "properly secured in a child restraint system" that meets federal safety standards.
- Children under 8 who are between 40 and 57 inches tall must be secured in a booster seat.
- Children taller than 57 inches aren't required to use a booster, whatever their age. After that, the seat belt law applies to everyone in the car.
For the other passenger and seat belt rules, see our Kentucky traffic laws guide.
Can the insurer blame me for the car seat?
Not in court. Kentucky law is unusually clear here. Failure to use a child restraint or booster seat "shall not be considered as contributory negligence, nor shall such failure … be admissible as evidence in the trial of any civil action" (KRS 189.125(5)).
So if another driver caused the crash, the insurer can't reduce your child's recovery because the child was in the wrong seat or out of a seat. Adjusters sometimes raise it anyway during negotiations. Don't let that pressure you into a low offer.
What a child's claim can include
- Medical bills now and in the future, including therapy and follow-up care
- Pain and suffering
- Lasting effects, such as scarring or a lasting head injury. Concussions in kids can be easy to miss; see concussion after a car accident.
- The parents' own claim for the child's medical expenses and time missed from work
PIP pays medical bills first, up to $10,000, regardless of fault. See how Kentucky PIP works. Children riding with someone else are covered too; see passenger injury claims.
When a child car seat injury is caused by a defect
Sometimes the seat itself fails: a buckle releases, a harness tears, a shell cracks, a base detaches or the seat's instructions are so confusing that correct installation is nearly impossible. Then the manufacturer may be responsible along with the at-fault driver. See our product liability lawyer page.
Kentucky presumes a product wasn't defective if the injury happened more than five years after it was first sold or eight years after it was made, or if it met the prevailing standards when it was designed and built. Those presumptions can be overcome with evidence (KRS 411.310).
Keep the seat. Don't throw it out, return it or give it away after a crash. It's the most important piece of evidence in a defect claim. Take photos of how it was installed if you can, and keep the box, manual and any recall notices. See evidence to preserve after an accident. Manufacturers and safety regulators generally recommend replacing a seat after a moderate or severe crash, so ask the insurer to pay for a new one while you keep the old one.
How settlement works for a child car seat injury
A child can't sign a settlement on their own. In Kentucky, a minor's settlement usually needs a court's approval, and the money is often protected until the child turns 18. See our Kentucky minor settlement guide.
Kentucky law extends many filing deadlines for children (KRS 413.170), but don't count on that. Some deadlines, including parents' own claims and insurance deadlines, may not be extended. Evidence also disappears. See our statute of limitations guide.
How Forman & Associates helps
We preserve the seat and the crash evidence, work with your child's doctors on future care, and handle the court approval process so the settlement protects your child. For the most serious injuries, see our spinal cord injury and wrongful death pages. We prepare cases for trial from the start. Larry Forman has tried 50+ jury trials and won 95% of them. See our car crash lawyer page for more.
Child car seat injury FAQs
What are Kentucky's car seat requirements?
Children 40 inches or shorter must ride in a child restraint, and children under 8 who are 40 to 57 inches tall must use a booster seat.
Can an insurer reduce my child's claim because of the car seat?
Not in court. Kentucky law says failing to use a car seat or booster isn't contributory negligence and can't be used as evidence in a civil trial.
What should I do with the car seat after a crash?
Keep it, unaltered, especially if it may have failed. Ask the insurer to pay for a replacement and use a new seat going forward.
Can I sue a car seat manufacturer?
Yes, if a defect caused or worsened the injury. Kentucky has presumptions that favor manufacturers in some cases, but they can be overcome.
Does a court have to approve my child's settlement?
Usually, yes. Kentucky courts generally must approve a minor's settlement, and the money is often protected until the child turns 18.
Was your child hurt? Get help with a child car seat injury
Let us handle the claim while you care for your child. Get a free case evaluation or call (502) 931-6788. No fee unless we win.
This post is general information about Kentucky law, not legal advice.
