Arizona laws regarding child car seats and boosters govern how cases in wrecks happen. If your child was hurt in a wreck, the product you used, and what is allowed by law in court, can dictate your path to recovery.
What the law requires (and what it doesn’t)
Arizona law requires children younger than 5 to be in a child restraint system. Children aged 5 to 7, or shorter than 4’9″, have to be in a booster or other child restraint. These are required to be federally certified. The violations are civil.
Here’s the crucial bit for claims: the statute bars using a child-restraint violation or even the requirements themselves as evidence in most court cases, except a proceeding about that very violation. That is, normally, the defence cannot plead “you didn’t use a booster, so your damages should be reduced” at trial.
But safety first. Proper restraints substantially reduce the risk of injury: car seats lower injury by 71–82%, and boosters lower serious injury by 45% for 4–8 years.
How the rules affect your injury claim
Arizona follows pure comparative negligence. Your own degree of fault reduces your recovery, whether due to speeding, distraction, or other conduct. But child-restraint nonuse is statutorily excluded from evidence, which limits a common insurance tactic.
Insurers are still able to explore causation, i.e., to pressure some other factor that caused aggravated injuries. That fight generally will be based on biomechanical opinions and medical reports, rather than on the mere lack of a booster, because the statute excludes that testimony at trial. (Negotiations tend to mirror what a jury would be informed.)
If you’re working with a car accident lawyer in Phoenix, ask for a strategy that anticipates both the evidentiary shield in §28-907 and the realities of adjuster negotiations.
Practical steps that strengthen your case
- Document the seat: Keep the manual, model, and installation photos. If a crash occurs, preserve the seat; do not discard it until counsel says it’s OK.
- Replace according to recommendations: Some companies recommend replacing seats after moderate or severe crashes.
- Monitor symptoms: Follow-up pediatric exams, therapy sessions, and school attendance records help prove injury understandably.
- Be careful with statements: Provide facts to the insurer, but avoid speculative discussion of restraint performance.
Why it matters: Correct records allow your car accidents attorney to make causation and losses understandable.
In such situations, parents ask about
Carpool or rideshare
The statute focuses on the child’s age/height and the presence of a compliant restraint; it doesn’t carve out a broad rideshare exception. Plan and bring a travel booster when possible.
Older child who’s tall for age
If your child is 8 years old or older or 4’9″ or taller, §28-907 doesn’t require a booster, but the right fit of the belt is still essential. ADOT and pediatric safety guidelines both point to height and fit, not age.
Will a ticket destroy my case?
A citation for breaking a restraint is not evidence in your personal injury claim under §28-907(G). Fault for the accident and value of your damages are separate matters that the court can consider.
Arizona car seat regulations were created to protect children and avoid restraint disputes from becoming the focus of injury cases. Use a system that fits your child, keep clean records, and highlight your claim on liability, medical care, and long-term needs. If you are unsure about Arizona car seat regulations and how such laws apply to your situation, hire a car accident attorney in Phoenix who handles vehicle injury cases.
If your child was hurt in a crash, get good advice today. Contact Better Call Geoff for an aggressive case review and reliable next steps.