Car Seat and Booster Laws in West Virginia

When we have kids, we do all the research to find the safest toys, cribs, foods, and monitors to keep our kids safe at home. As parents, we also want to ensure that our children are secure when traveling in the car with us, even just short distances to the grocery store, so we often upgrade our vehicles to ensure we have the best, safest car in case of an accident.

 

So, what about your kids’ car seats? Which ones are the safest, and are there state requirements or mandates in place you need to be aware of?

 

In this post, we’ll discuss the car seat and booster laws in West Virginia and what you can do to stay in compliance and keep your children safe out on the road.

What Does the Law Say About How To Transport Your Kids in Your Car?

The West Virginia Child Passenger Safety (CPS) law (WV Code 17C-15-46) states that any child under the age of 8 years old and less than four feet nine inches tall in a passenger vehicle should be properly placed in a secured child passenger safety device system that meets applicable federal motor vehicle safety standards. However, if a child is under the age of eight but is at least four feet nine inches tall, a safety belt is sufficient.

Although there are no strict laws in West Virginia regarding the use of booster seats for children, federal guidelines say that a child should remain in a booster seat until they weigh at least 40 pounds. Additionally, any child under the age of 13 should be secured in the rear seats of a vehicle, according to federal guidelines, despite no specific laws on the subject for our state.

The CPS law is a primary enforcement law, meaning that if a law enforcement officer suspects that your child is not properly or safely restrained in your vehicle, they are within their right to pull you over. If you are found to be in violation of the CPS law, you may face a misdemeanor charge and a fine of $10-$20 per violation.

State Resources for Parents and Guardians

The Governor’s Highway Safety Program (GHSP) has a Child Passenger Safety (CPS) Program that receives federal funding to educate, train, and supply certified instructors and technicians. These certified individuals are available at CPS seat fitting stations throughout West Virginia to assist parents or guardians with their child’s safety seat and inspect it for defects or recalls.

Why Child Seats Are Important

Data from the National Highway Traffic Safety Administration (NHTSA) demonstrates the importance of properly and safely restraining your child in a vehicle. Child safety seats in passenger cars are effective in reducing fatal injury to infants under one year old and toddlers one to four years old by 71% and 54%, respectively.

There were 42,939 traffic fatalities in 2021, and 1,184 (3%) of those were children (aged 14 and younger). This means an average of 3 children were killed every day in traffic crashes.

Based on known restraint use of children who were killed in a fatal crash, 40% of them were unrestrained. Additionally, 69% of children riding in a vehicle with an unrestrained driver were also unrestrained, while of the passenger vehicles with known restrained drivers, 74% of children were restrained.

The Safest Car and Booster Seats Currently Available on the Market

Good car seats are notoriously expensive, especially those for babies and smaller children. A lot of parents are unable to afford the top-of-the-line seats for their kids, even with discounts such as those offered at yearly nationwide Target car seat trade-in events.

Still, it’s important for the safety of our children that we find a seat with the best crash test ratings for our price range.

Best Infant and Convertible Car Seats

GearLab Baby has done extensive research and tests car seats at the same crash testing site that the NHTSA uses for their crash tests to ensure that parents or caregivers know which car seats are the best rated for babies and small children.

Their online list of best car seats for 2024 gives a great pro-con comparison between multiple brands, including pricing, ease of use, and other important features. All of the seats on the list have been crash-tested.

Best Booster Seats

For older children, you may be looking at a booster seat, and with so many options available, it can be a hard task to choose the right one. Luckily, the Insurance Institute for Highway Safety (IIHS) has done extensive research and testing on 54 booster seats that were introduced to the consumer market in 2023, providing a thorough online list.

According to their research, 47 of those booster seats earned IIHS’s highest safety rating of “Best Bet,” meaning that they provide a good seat belt fit for 4- to 8-year-olds in almost any vehicle. It’s important to note as well that none of the booster seats were given the “Not Recommended” rating by the IIHS. A good number of the booster seats listed on the IIHS website are budget-friendly, available at most major retailers or online, and can continue to grow with your child.

Additional guidelines for finding the right seat for your child are available on the NHTSA website.

Keeping our kids safe in every aspect of their daily lives is a top priority for all parents and caregivers. With the knowledge of West Virginia child restraint laws and the car seat and booster resources provided in this post, we all can continue to provide safe and secure rides for some of the most vulnerable individuals in our community.

If you and your children have been involved in a vehicle collision in Charleston, our team at Hendrickson & Long, PLLC, is here to assist with any concerns or questions you may have. Our initial consultation is always free.