Should I Replace My Child’s Car Seat After an Accident?: Southwest Personal Injury Lawyers Explain

Jason B. Goldman • May 17, 2022
Should I Replace My Child’s Car Seat After an Accident?: Southwest Personal Injury Lawyers Explain

Regardless of an accident’s severity, car accidents can be frightening, life-changing events. Even a relatively minor accident can cause damage to your child’s booster seat or car seat, which may render these seats insufficient to protect your child in future accidents.

According to the  National Highway Traffic Safety Administration  (NHTSA), car seats should always be replaced following a moderate or severe crash to ensure a consistent level of crash protection for child passengers. Following even a minor accident, child safety experts recommend replacement of child seats, as structural damage may not always be visible.

What Constitutes a Minor Crash?

According to the NHTSA, a minor crash occurs when all of the following factors are true:

  • The vehicle was able to be driven away from the site of the crash.
  • The vehicle door nearest to the car seat was not damaged.
  • No passengers in the vehicle sustained any injuries in the crash.
  • No airbags were deployed during the crash; and
  • There was no visible damage to the car seat.

What Damage Should I Look For?

There are various signs to look for when inspecting a child car seat for damage. The stitching may be torn, the webbing could be torn, or the seat could be cracked. Parents are also advised to look for damage such as cracked plastic, bent metal, or stretched harnesses or belts.  In the event of a crash, however, damage may not be readily apparent or even visible to the naked eye. Additionally, there is no reliable or scientific method of determining whether a seat continues to provide adequate protection for your child.

In any event, DO NOT use a car seat that has been involved in a moderate to a severe collision.

Florida Child Seat Laws:

According to Florida Statute 316.613, every driver is required to use a federally approved car seat for infants and children under 5 years of age.  The National Highway Traffic Safety Administration also recommends that drivers always use a car seat for children who have not yet reached the manufacturer’s stated maximum weight or height limits. Also, while not legally required, the NHTSA recommends that kids under 12 years old should always ride in the back seat, as an additional safety precaution.

Will insurance cover the loss of a car seat following a crash?

If you were at fault in the accident, you may wish to contact your auto insurance provider. It is possible to include the cost of replacing the car seat along with other property losses and damages.

If you need to replace your child’s car or booster seat because of someone else’s negligence, the person or their insurance company can be held responsible for the these costs.  In addition to assisting you with your personal injury claim, we can also assist with obtaining reimbursement for child seat replacement. 

Additional Compensation You May Be Entitled To:

Our experienced personal injury lawyers can assist you and your family in an accident involving your child(ren).  We can seek damages against the at fault party for:

  • Medical bills for you and your child
  • Lost wages for the time you spent recovering
  • Your lost future earnings if you are unable to return to your job
  • You and your child’s pain and suffering
  • Disability and disfigurement, if applicable

Are there time limits when it comes to filing a claim?

An injured party has four years from the date of an automobile accident to file a lawsuit against the responsible party.  If a claim is being brought against your own uninsured motorist carrier, you have 5 years from the date of your accident to file such a lawsuit.  While lawsuits are sometimes necessary when insurance carriers are not willing to provide reasonable, fair compensation for our clients, in most accidents claims can be resolved without ever having to file a lawsuit.

Injured in a Southwest Florida Accident? Contact GTS!

Learn how our experienced, Southwest Florida personal injury lawyers at Goldman, Tiseo, and Sturges, P.A. can help you recover compensation from an automobile accident caused by another, during a FREE consultation.  Please dial (941) 625-6666, or send us a message through our contact us box to schedule a FREE personal injury consultation.  

Share This Post:

Out-of-State Defendant for a Personal Injury Case

By Jason B. Goldman • September 8, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Driving Habit Accidents: How Everyday Choices Can Put You at Risk

By Jason B. Goldman • September 8, 2025
When it comes to staying safe on the road, habits matter. Many car accidents are not caused by reckless behavior or extreme conditions, but by everyday driving habits that increase risk over time. From texting while driving to consistently rolling through stop signs, these seemingly minor behaviors can have serious consequences. Common Driving Habits That Lead to Accidents Distracted Driving – Phones, navigation systems, or even conversations with passengers can take attention away from the road. Distracted driving contributes to thousands of accidents each year. Following Too Closely – Tailgating reduces reaction time and can turn a minor slowdown into a major collision. Speeding in Familiar Areas – Drivers often feel comfortable speeding on roads they know well, underestimating risks like sudden stops or pedestrian crossings. Improper Lane Changes – Not checking mirrors or blind spots increases the chance of side collisions. Rolling Through Stop Signs and Traffic Signals – A habit of ignoring stop signs or lights, even slightly, can lead to intersection accidents. Why Habits Matter Repeated behaviors form patterns. Even safe drivers can develop risky habits over time without realizing it. Insurance companies, accident investigators, and courts often consider a driver’s habits when determining fault or liability after a crash. Protect Yourself and Others Be mindful of your driving habits – Small adjustments can prevent accidents. Avoid distractions – Keep your focus on the road at all times. Maintain safe following distances – Give yourself enough time to react.  Follow traffic laws consistently – Stop signs and lights exist to protect everyone. At GTS Law Firm , we understand how habitual driving behaviors can affect accident outcomes. If you or a loved one has been involved in a collision caused by another driver’s habits, our experienced team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today to schedule a consultation and protect your rights. (941) 625-6666

Back-to-School Safety: Staying Alert in Busy Parking Lots

By Jason B. Goldman • August 13, 2025
As Charlotte County families prepare for the new school year, stores are crowded with parents and children picking up backpacks, notebooks, and other supplies. While the excitement is high, parking lots at big-box stores and shopping centers can become dangerous if drivers and pedestrians aren’t paying attention. Why Parking Lot Safety Matters Parking lots can be high-risk areas, especially during peak back-to-school shopping times. With increased traffic, pedestrians—especially children—can be hard to see, and distractions can lead to accidents. For Drivers: Navigating Parking Lots Safely Slow Down: Keep speeds low and be ready to stop suddenly. Stay Off Devices: Distractions can cause you to miss a pedestrian. Watch for Children: Kids can dart out from between cars without warning. Use Signals: Let others know when you’re turning or backing up. For Parents and Shoppers Hold Hands with Young Children: Keep them close in busy parking areas. Load Carefully: Position carts and children out of moving traffic while loading purchases. Teach Awareness: Remind kids to stop and look before crossing lanes or emerging from between cars. GTS Law Firm: Protecting Families in Charlotte County At GTS Law Firm, we know that even a quick shopping trip can lead to unexpected accidents. If you or your child is injured due to a driver’s negligence in a parking lot, our attorneys are here to help you understand your rights and seek fair compensation. Let’s keep this back-to-school season safe—not just on the roads, but in the parking lots where families gather to prepare for the year ahead. If you’ve been involved in a parking lot incident, contact GTS Law Firm for a consultation.

Back to School Safety: Sharing the Road with Buses and Students in Charlotte County

By Jason B. Goldman • August 13, 2025
As summer winds down and the school year begins, Charlotte County’s roads become busier with school buses, parents dropping off children, and students walking or biking to class. This time of year is a reminder for all drivers to slow down, stay alert, and take extra precautions to protect our community’s youngest members. School Bus Safety School buses are one of the safest modes of transportation for students, but safety depends on drivers following the law: Stop for School Buses: Florida law requires drivers to stop when a school bus has its stop arm extended and red lights flashing, regardless of the direction you’re traveling (unless there’s a divided highway with a barrier). Keep a Safe Distance: Maintain at least 20 feet behind a stopped school bus to give children space to cross safely. Be Patient: School bus stops take time as children may be crossing from multiple directions. Pedestrian and Bicyclist Safety Students walking or biking to school are more vulnerable during early morning and afternoon hours: Watch for Crosswalks: Always yield to pedestrians at crosswalks and school crossings. Slow Down in School Zones: Observe posted speed limits, which are often 15-20 mph in school areas. Avoid Distractions: Keep phones down and focus on the road, especially during pick-up and drop-off times. Tips for Parents and Students Teach Safe Habits: Remind children to look both ways before crossing the street and to use crosswalks. Bike Safety: Ensure children wear helmets and use bike lanes when available. Visibility Counts: Bright clothing or reflective gear can help drivers see students more easily. \ GTS Law Firm: Advocating for a Safer Community At GTS Law Firm, we are committed to helping keep Charlotte County safe—on and off the road. Unfortunately, accidents can still happen despite best efforts. If you or a loved one is injured due to a driver’s negligence, our experienced attorneys are here to protect your rights and seek the compensation you deserve. As we head into the school year, let’s all do our part to share the road responsibly and make this season a safe one for every student. If you have questions about your rights following a traffic incident, contact GTS Law Firm today for a consultation.