Nebraska Car Seat Laws

To offer children the best possible protection from injuries in a motor vehicle accident, Nebraska requires parents and drivers to use the correct types of car seats for young children. Child passenger safety is paramount in a motor vehicle. Children are more susceptible than adults to serious and deadly injuries in automobile accidents. Obeying Nebraska’s car seat laws is critical for your child’s safety — and failing to do so can affect your legal rights if your child is injured in an accident.

What Are Nebraska’s Child Safety Seat Requirements?

Nebraska’s child safety restraint law, which took effect January 1, 2019 under Legislative Bill 42, requires all children in a moving vehicle to be restrained in an appropriate federally approved child safety seat at all times. The law specifies requirements based on age, height, and weight. Nebraska is a secondary enforcement state, meaning a police officer must have another reason to make a stop — but violations are still ticketable and carry legal consequences.

Nebraska Car Seat Requirements by Age and Size

The law also applies to childcare providers who transport children. Taxicabs, rideshare vehicles (Uber and Lyft), and school buses are exempt from the car seat requirements.

Rear-Facing, Forward-Facing, and Booster Seats — What’s the Difference?

Rear-Facing Car Seats

Nebraska law requires infants under age two to ride in rear-facing car seats. Rear-facing seats provide superior protection for a baby’s head, neck, and spinal cord by distributing crash forces across the entire back. A rear-facing seat with a five-point harness is the safest option for infants. If a child approaches age two but has not yet reached the height or weight limit for their rear-facing seat, Nebraska recommends keeping the child rear-facing as long as the seat’s manufacturer allows — not transitioning at age two if the seat still fits properly.

Forward-Facing Car Seats

Once a child has outgrown their rear-facing seat — either by age or by exceeding the manufacturer’s weight or height limit — they transition to a forward-facing car seat with a harness. These seats should be used with a tether for added stability. Children should remain in a forward-facing harnessed seat for as long as possible before moving to a booster.

Booster Seats

When a child has outgrown their forward-facing seat, a booster seat is used until the standard seat belt fits correctly across the lap and chest — typically when the child reaches 4’9″ in height. A booster lifts the child to the correct position so the seat belt provides proper protection. Booster seats should not be discontinued too early. Using a seat belt without a booster when the child is not yet 4’9″ tall can result in the belt fitting improperly and causing injury in a crash.

What Are the Penalties for Not Using a Car Seat in Nebraska?

Violating Nebraska’s child safety seat law results in a $25 fine plus court costs and one point added to the driver’s record. While this may seem minor, the legal consequences of an accident involving an unrestrained child can be much more serious. Under Nebraska’s modified comparative negligence rule, your financial recovery for a child’s injuries may be reduced if you contributed to those injuries by failing to use an appropriate restraint. In serious cases, failing to restrain a child could also result in criminal charges for child endangerment or reckless endangerment.

Car Seat Safety Tips

Nebraska’s car seat laws set minimum requirements. Child safety experts, including the Nebraska Department of Transportation, recommend following manufacturer guidelines — which are often more protective than the legal minimums. Safety recommendations include:

• Never use an old, expired, or previously crash-tested car seat — car seats have expiration dates stamped on the plastic, and structural integrity degrades over time
• Read the car seat owner’s manual and your vehicle owner’s manual before installing — correct installation varies by seat and vehicle
• Keep children rear-facing as long as the manufacturer allows, not just until age two
• Make sure harness straps are snug (you should not be able to pinch excess material at the shoulder) and positioned at or below the shoulders in rear-facing mode
• Use the seat’s top tether anchor for forward-facing seats — it significantly reduces forward head movement in a crash
• Do not add aftermarket products (head supports, strap covers) unless they came with the seat from the manufacturer

How to Get Your Car Seat Checked in Nebraska

Correct installation is critical — studies show that a significant percentage of car seats are not installed properly. Nebraska offers free car seat inspections through a network of certified Child Passenger Safety Technicians. You can find a free inspection station near you through the Nebraska DOT. If you cannot afford a car seat, financial assistance is available through DHHS and Safe Kids Nebraska programs.

Car Seats and Car Accident Claims in Nebraska

If your child is injured in a car accident in Omaha or anywhere in Nebraska, whether the child was properly restrained directly affects the legal claim. Insurance companies investigate car seat use carefully and may argue that an improperly installed or age-inappropriate seat contributed to the severity of injuries. This can reduce the compensation available to your family under Nebraska’s comparative negligence law.

Conversely, if your child was properly restrained and still suffered serious injuries, this evidence can support a claim for compensation from the at-fault driver. An Omaha car accident attorney at Knowles Law Firm can evaluate your child’s case and help your family pursue full compensation for medical expenses, long-term care, pain and suffering, and other damages.

Frequently Asked Questions About Nebraska Car Seat Laws

If you or your child were injured in a car accident in Omaha or anywhere in Nebraska, contact Knowles Law Firm through the contact form to schedule a free consultation.