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The Hart Law Firm

Child Safety Seat Loophole Under Fire in Texas

Posted on May 31, 2011

Two very young children lost their lives earlier this month in a Texas car crash.  The two children, ages 8 months and 3 years, were two of 16 occupants in an SUV.  When the SUV entered an intersection with a malfunctioning traffic light, it collided with another vehicle.  The two children were not restrained at the time of the crash.  However, due to a loophole in Texas child seat safety laws, no tickets will be issued for the lack of proper child safety seats.

The lack of legal action has to do with a loophole in Texas law that allows children to go unrestrained in a vehicle "in which all safety belts are occupied".  This exemption has many up in arms.

Sgt. S.G. Wolverton with the Harris County Sherriff's Office doesn't think the loophole is right.

"I disagree with it," he said. "I think it defies common sense."

Only time will tell if lawmakers will close the loophole, requiring all child passengers to be properly restrained, no matter how many people are in the vehicle.  For now, the staff and attorneys at the Hart Law Firm hope that parents and guardians will make the right choice and properly restrain their child, no matter what the law requires. 

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