August 2012 Archives

Refresher on Child Restraint Laws

As school starts again, it is a good time to review Tennessee's child restraint laws. The State of Tennessee bases its child restraint laws on a child's age, weight and height. While all children under the age of 16 must be properly restrained in a vehicle, there are different requirements for each age group.

Children under the age of one year or who weigh less than 20 lbs must be secured in a car seat in a rear facing position. It is important that both the age and the weight requirement be met before allowing the child to ride in a car seat facing forward. Children between the ages of one and three years old and weighing more than 20 lbs must be restrained in a car seat in a forward facing position. Both of these age groups must be seated in the back seat of a car if available.

Children between the ages of four and eight years of age and measuring less than four feet nine inches must be restrained in a "belt-positioning" booster seat system. If the child is over the age of eight years old but measure less than 4'9, he or she must use a seat belt restraint system meeting federal motor vehicle standards. The same standard applies to children between the ages of nine and twelve years old as well as children between the ages of thirteen and fifteen. However, it is advised that children under the age of thirteen sit in a rear seat if available.

The driver of the car is responsible for ensuring that any children in the vehicle are properly restrained. However, if the parent or legal guardian of the child is in the car but not driving, they are held responsible for properly restraining his or her child. Although violations of these requirements can result in a $50.00 fine, it is vital to adhere to these laws for the safety of any and all children passengers in a vehicle.

You can review the rules here: http://www.tn.gov/safety/newCRD.shtml

If I am hit by a car in Nashville, what do I need to know?

Motor vehicle collisions with pedestrians are very frightening and are not uncommon in middle Tennessee. In fact, Channel 4 news reported that a child was hit by a car recently as he was walking to school. Fortunately the child only suffered a broken arm; however, many Nashville pedestrians are not so lucky. According to a recent study, approximately 7,000 pedestrians die and 100,000 are injured in traffic related accidents each year.

Tennessee has strict laws relating to pedestrian safety. Under these laws, every Tennessee driver is required to (1) exercise due care to avoid colliding with any pedestrian upon any roadway, (2) to give a warning by sounding the horn when necessary and (3) to exercise proper precaution upon observing any child or other person upon a roadway. Drivers failing to meet these standards can be held responsible for any injuries and damages, including medical bills and lost wages, suffered by the pedestrian.

However, pedestrians are not off the hook. Tennessee law also imposes duties on pedestrians traveling on streets and highways. For example, pedestrians are subject to traffic regulations and are only to cross the street and walk where designated. Pedestrians failing to follow these laws may be considered equally or totally at fault for the collision thus limiting or barring their claim all together.

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