Protecting Your Children In Your Car

Protecting YourProtecting YourChildren In Your CarChildren In Your Car

Paul J. KomyattePaul J. KomyatteGilbert, Ollanik & Komyatte, P.C.Gilbert, Ollanik & Komyatte, P.C.

5400 Ward Rd., Bldg. IV, Suite 2005400 Ward Rd., Bldg. IV, Suite 200Arvada, CO 80002Arvada, CO 80002www.auto-law.com www.auto-law.com

© Paul J. Komyatte 2010© Paul J. Komyatte 2010

THE NUMBERSTHE NUMBERSTHE NUMBERSTHE NUMBERS

Non-traffic deaths/injuriesNon-traffic deaths/injuries

E.g., backover: E.g., backover: 50 50 children/weekchildren/week

Traffic Deaths/InjuriesTraffic Deaths/Injuries

1400 deaths/year of kids 14 and 1400 deaths/year of kids 14 and youngeryounger

203,000 injuries203,000 injuries OVER 4 deaths & 500 OVER 4 deaths & 500

injuries/dayinjuries/day

source: NHTSA/CDC. source: NHTSA/CDC. http://www.cdc.gov/ncipc/factsheets/childpas.htmhttp://www.cdc.gov/ncipc/factsheets/childpas.htm

Children Historically Have Come LastChildren Historically Have Come Last

Shoulder belts vs. lap-only belts Shoulder belts vs. lap-only belts Middle seat lap-only belts Middle seat lap-only belts Front airbagsFront airbags Adjustable upper (D-ring) anchorages Adjustable upper (D-ring) anchorages Side airbags, torso bags & side curtainsSide airbags, torso bags & side curtains Child car seat design inadequate Child car seat design inadequate Latch/Tethers Latch/Tethers Booster seat usage inadequate Booster seat usage inadequate

Children Historically Have Come LastChildren Historically Have Come Last

The best restraints for kids are under-The best restraints for kids are under-utilized utilized

Rear seat restraints designed for adults Rear seat restraints designed for adults Restraint safety features, i.e. Restraint safety features, i.e.

pretensioners, put in front but not the back. pretensioners, put in front but not the back. Backover and frontover deaths Backover and frontover deaths Power window deaths Power window deaths

Children Come Last – Shoulder Belts Children Come Last – Shoulder Belts in Front but not in Backin Front but not in Back

Fixed Upper Anchor/ Ford Taurus

Adjustable Upper Anchor/Dodge Durango

Children Come Last Children Come Last – Adjustable Upper Anchors– Adjustable Upper Anchors

Children Come Last – AirbagsChildren Come Last – Airbags

Children Come Last – Side Bag, Children Come Last – Side Bag, Torso Bags, Side CurtainsTorso Bags, Side Curtains

Torso bags/Side curtains only in the front.Torso bags/Side curtains only in the front.

1992 Chrysler Town & Country Interior

Children Come Last – The Best Children Come Last – The Best Restraints Are Under-Utilized Restraints Are Under-Utilized

Children Come Last – Booster Seat Gap Children Come Last – Booster Seat Gap

Source http://www.nhtsa.dot.gov/people/injury/childps/ParentGuide2005/pages/MoreInfo.htm

Children Come Last – Children Come Last – Car Seats & RestraintsCar Seats & RestraintsChildren Come Last – Children Come Last – Car Seats & RestraintsCar Seats & Restraints

Infants at RiskInfants at RiskInfants at RiskInfants at Risk Infant seats fail and break in accidents. Infant seats fail and break in accidents. Infants are at risk from collapsing seatbacks.Infants are at risk from collapsing seatbacks.

Forward Facing Too SoonForward Facing Too SoonForward Facing Too SoonForward Facing Too Soon

““1 year/20 pound1 year/20 pound” advice outdated and ” advice outdated and misleading – yet continues to be given out. misleading – yet continues to be given out.

MIS

LEADING A

ND OUTDATED!

Source: 4StepsFlyer[1].pdf located @ http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/

Forward Facing Too SoonForward Facing Too SoonForward Facing Too SoonForward Facing Too Soon

Infants and young children should remain Infants and young children should remain rear facing as long as possible – up to 30 rear facing as long as possible – up to 30 pounds or more.pounds or more.

Infants should use sturdy convertible seats Infants should use sturdy convertible seats earlier. earlier.

Example of a Quality Convertible Seat – Example of a Quality Convertible Seat – Britax Boulevard (previously the Wizard)Britax Boulevard (previously the Wizard)

Rear facing up to 33 Rear facing up to 33 pounds.pounds.

Forward facing 5 point Forward facing 5 point harness up to 60 harness up to 60 pounds.pounds.

Side impact protection.Side impact protection. Easily adjustable Easily adjustable

shoulder harness slots.shoulder harness slots.

Source: www.britaxusa.net

““If a car safety seat accommodates children rear If a car safety seat accommodates children rear facing to higher weights . . . the child should facing to higher weights . . . the child should remain rear facing until reaching the maximum remain rear facing until reaching the maximum weight for the car safety seat . . .”weight for the car safety seat . . .”

““pediatricians should counsel parents of most pediatricians should counsel parents of most children . . . to encourage use of a children . . . to encourage use of a convertible convertible car safety seat that will accommodate them car safety seat that will accommodate them rear facing at higher weightsrear facing at higher weights.” .”

American Association of PediatricsRecommendations, March 2002

““It is best for children to ride rear-It is best for children to ride rear-facing to the highest weight or facing to the highest weight or height allowed by the manufacturer, height allowed by the manufacturer, usually 30 pounds or moreusually 30 pounds or more . . . ” . . . ”

American Association of PediatricsRecommendations, 2007

““A small child’s head represents a A small child’s head represents a considerable part of its total weight considerable part of its total weight and its neck is still very weak. and its neck is still very weak. Volvo Volvo recommends that children up to recommends that children up to age 4 travel, properly restrained, age 4 travel, properly restrained, facing rearwardfacing rearward.”.”

*Source: 2007 Volvo XC90 Owners Manual

Volvo Cars of AmericaRecommendation, 2007

““Infants should remain rear Infants should remain rear facing until they are both 1 year facing until they are both 1 year old and weigh 22 pounds.” old and weigh 22 pounds.”

Contrast AAP/Volvo with Dorel/Cosco

*Source: www.Coscojuvenile.com

Out Of The Five Point Harness Too SoonOut Of The Five Point Harness Too Soon Out Of The Five Point Harness Too SoonOut Of The Five Point Harness Too Soon

““40 pound” guideline for moving child into a 40 pound” guideline for moving child into a booster is outdated and dangerous. booster is outdated and dangerous.

MIS

LEADING A

ND OUTDATED!

Source: 4StepsFlyer[1].pdf located @ http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/

MIS

LEADING A

ND OUTDATED!

Source: 4StepsFlyer[1].pdf located @ http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/

Out Of The Five Point Harness Too SoonOut Of The Five Point Harness Too Soon Out Of The Five Point Harness Too SoonOut Of The Five Point Harness Too Soon

New generation of seats accommodate New generation of seats accommodate children forward facing up to 80 pounds in a children forward facing up to 80 pounds in a five point harness.five point harness.

Larger children (40 to 80 pounds) are more Larger children (40 to 80 pounds) are more safe in a five point harness than a booster safe in a five point harness than a booster seat. seat.

There is a reason race car drivers use five There is a reason race car drivers use five point racing harnesses.point racing harnesses.

Example of a Quality Convertible Seat – Example of a Quality Convertible Seat – Britax Boulevard (f/k/a the Wizard)Britax Boulevard (f/k/a the Wizard)

Accommodates forward Accommodates forward facing children in a 5 facing children in a 5 point harness up to 60 point harness up to 60 pounds.pounds.

Side impact protection.Side impact protection. Easily adjustable Easily adjustable

shoulder harnesss.shoulder harnesss.

Source: www.britaxusa.net

Example of a Quality Forward Facing Five Example of a Quality Forward Facing Five Point Harness for Larger Kids -- Britax Point Harness for Larger Kids -- Britax

Regent (f/k/a the Super Elite and Huskey)Regent (f/k/a the Super Elite and Huskey)

Accommodates children Accommodates children in a forward facing 5 point in a forward facing 5 point harness up to 80 pounds.harness up to 80 pounds.

Design allows for ultra Design allows for ultra secure installation to secure installation to vehicle.vehicle.

Provides the protection of Provides the protection of a 5 point harness for a 5 point harness for many, many years.many, many years.

Source: www.britaxusa.net

Out Of A Booster Seat Too SoonOut Of A Booster Seat Too Soon Out Of A Booster Seat Too SoonOut Of A Booster Seat Too Soon

Few kids are in boosters Few kids are in boosters this long. this long.

Even 4 feet 9 inches is Even 4 feet 9 inches is too short for some seats. too short for some seats.

Schools have done a Schools have done a poor job of encouraging poor job of encouraging boosters. boosters.

Upper grade school kids Upper grade school kids unprotected.unprotected.

State laws inadequate State laws inadequate and contradictory. and contradictory.

http://www.nhtsa.dot.gov/people/injury/childps/ParentGuide2005/pages/MoreInfo.htm

GOOD ADVIC

E!

Source: 4StepsFlyer[1].pdf located @ http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9f8c7d6359e0e9bbbf30811060008a0c/

Example of a Quality Booster Seat Example of a Quality Booster Seat -- Britax Parkway-- Britax Parkway

Accommodates children up to Accommodates children up to 60 inches tall. 60 inches tall.

Ideal for larger children who Ideal for larger children who have outgrown other boosters have outgrown other boosters but still don’t fit quite right in but still don’t fit quite right in certain vehicle seats. certain vehicle seats.

Side impact protection. Side impact protection. Slot design allows for good Slot design allows for good

belt fit.belt fit. Relatively light weight given all Relatively light weight given all

the features. the features.

Source: www.britaxusa.net

Example of an Inadequate Child Example of an Inadequate Child Restraint Law – Colorado*Restraint Law – Colorado*

Requires children who are Requires children who are four years old but four years old but less than six years oldless than six years old and also less than 55 and also less than 55 inches to be restrained in a booster seat or with inches to be restrained in a booster seat or with a child belt-positioning device. a child belt-positioning device.

No booster protection required at age 6 No booster protection required at age 6 regardless of height or age. regardless of height or age.

Inconsistent with NHTSA guideline of 8 years/57 Inconsistent with NHTSA guideline of 8 years/57 inches. inches.

*C.R.S.A. § 42-4-236.

CO Child Restraint Law LackingCO Child Restraint Law Lacking

BELT FITBELT FIT

““Proper Fit” (according to numerous state Proper Fit” (according to numerous state statutes and defense experts)statutes and defense experts)

Boosters Do Not Always WorkBoosters Do Not Always Work Boosters Do Not Always WorkBoosters Do Not Always Work

Boosters require effective restraints.Boosters require effective restraints. Poor restraint design decreases booster Poor restraint design decreases booster

effectiveness. effectiveness. Boosters can increase injury numbers if Boosters can increase injury numbers if

restraint is poorly designed. restraint is poorly designed.

Thus, the need for Shared Thus, the need for Shared

Responsibility.Responsibility. Thus, the need for Shared Thus, the need for Shared

Responsibility.Responsibility.

Best Child Restraint PracticesBest Child Restraint PracticesBest Child Restraint PracticesBest Child Restraint Practices

Buy a good convertible seat – Britax Boulevard or Buy a good convertible seat – Britax Boulevard or equivalent. equivalent.

Put infants in the convertible seat early on. Put infants in the convertible seat early on. Rear facing as long as possible – up to 30 pounds or more Rear facing as long as possible – up to 30 pounds or more

and 3 or 4 years old. and 3 or 4 years old. Keep children in forward facing 5 point harness as long as Keep children in forward facing 5 point harness as long as

possible -- up to 80 pounds or 53 inches. possible -- up to 80 pounds or 53 inches. Move to a booster only after outgrowing the 5 point.Move to a booster only after outgrowing the 5 point. Use the booster until your child is at least 57 inches and Use the booster until your child is at least 57 inches and

even up to 60 inches in certain seats.even up to 60 inches in certain seats. Be aware of rear seat design issues (i.e., buckle webbing Be aware of rear seat design issues (i.e., buckle webbing

design, adjustable upper anchors, pretensioners, etc.)design, adjustable upper anchors, pretensioners, etc.) NEVER let your child ride in a lap-only restraint – way too NEVER let your child ride in a lap-only restraint – way too

many parents and caregivers continue to do this. many parents and caregivers continue to do this.

Government NeglectGovernment Neglect

No performance No performance requirement for rear requirement for rear seat restraints.seat restraints.

No requirement to test No requirement to test with child dummies.with child dummies.

Delay in requiring Delay in requiring latch/tether anchors. latch/tether anchors.

Manufacturer NeglectManufacturer Neglect

Failure to test and recommend specific Failure to test and recommend specific child car seats. child car seats.

Delay in installing tether anchors until Delay in installing tether anchors until (finally) required by government in 2002. (finally) required by government in 2002.

Few integrated restraints/boostersFew integrated restraints/boosters Failure to test and recommend specific Failure to test and recommend specific

booster seats. booster seats.

THE MANUFACTURERS THE MANUFACTURERS HAVE IMPROPERLY HAVE IMPROPERLY

DELEGED CHILD SAFETY DELEGED CHILD SAFETY TO OTHERSTO OTHERS

THE MANUFACTURERS THE MANUFACTURERS HAVE IMPROPERLY HAVE IMPROPERLY

DELEGED CHILD SAFETY DELEGED CHILD SAFETY TO OTHERSTO OTHERS

Manufacturer Neglect

Mercedes-Benz – Crash testingWith Child Dummies

Inadequate testing with child Inadequate testing with child dummies.dummies.

Inadequate consideration of child Inadequate consideration of child restraint safety.restraint safety.

What Manufacturers Say Is OftenAt Odds With What They Do

Source: Ford web site (as of August 2007).

Manufacturer Neglect – Rear Seat Manufacturer Neglect – Rear Seat Restraints Often Don’t Work for Kids Restraints Often Don’t Work for Kids

(“Forgotten Children”)(“Forgotten Children”)

Shoulder belt cuts across the child’s neck, which encourages improper use, such as wearing the belt behind the back, and can also lead to injuries.

Failure to recess the buckles leads to poor lap belt geometry, in which the lap belt rides too high into the abdomen area, leading to serious injuries.

Long webbing on the buckle - promotes poor lap belt fit on children

Recessed buckle – promotes a better lap belt fit on children

Manufacturer Neglect – Manufacturer Neglect – Failure to Failure to Use Recessed Buckles in Rear SeatsUse Recessed Buckles in Rear Seats

Manufacturer Neglect – Manufacturer Neglect – Failure To Failure To Use Known, Feasible Alternative DesignsUse Known, Feasible Alternative Designs

Rear Seat Pretensioners Rear Seat Pretensioners Web ClampsWeb Clamps Recessed bucklesRecessed buckles Adjustable upper anchorsAdjustable upper anchors Integrated seats/Booster cushionsIntegrated seats/Booster cushions

Manufacturer Neglect – Car Seats Manufacturer Neglect – Car Seats

Junk Infant SeatsJunk Infant Seats Failure to encourage rear facing longerFailure to encourage rear facing longer Failure to encourage 5 pt. use longerFailure to encourage 5 pt. use longer

Example of Manufacturer NeglectExample of Manufacturer Neglect

Poor warnings and Poor warnings and instructions.instructions.

A NEW STATE AND NATIONAL A NEW STATE AND NATIONAL AWARENESS ON CHILD SAFETY AWARENESS ON CHILD SAFETY

IS NEEDEDIS NEEDED

Drive Safely!