We often read information about auto product recalls in Escondido that could result in serious injuries in a car accident, or information about child car seat safety. Yet it is not especially common to hear about a car that has been recalled for a safety defect related to child car seats. According to a recent article in Consumer Reports, that is precisely what is happening with a current BMW recall. The report indicates that “BMW of North America is recalling 32,760 vehicles from its 2015 to 2019 model years because the lower rear-seat anchor bars at the seat crease used to secure a child car seat may become damaged.” In other words, if a child is strapped into a car seat in one of these vehicles and a car crash happens, the vehicle may not properly hold the car seat. Accordingly, a child strapped into the car seat could sustain injuries that otherwise might have been prevented.

What follows is everything you need to know about the recall. If your child has already been injured because of a defective auto part, you should discuss your case with a car accident lawyer in Escondido.

Details of the Recall

The lower rear-seat anchor bar in the last four years of BMW models may not be safe for its intended use of securing child safety seats. As the article clarifies, “if the car seat is attached with ISOFIX-type rigid connectors, the damage may increase a child’s risk of injury in the event of a crash.” These defective bars are fixed, and they extend out from the car seat. The risk of injury in a motor vehicle crash is highest “when using a child seat with LATCH-type flexible-style connectors, which are on a vast majority of child seats used in the U.S.,” according to the article.

BMW has not reported any injuries resulting from the defect, yet injuries could occur if parents or guardians continue to use the defective auto part to secure a child’s safety seat. BMW will not begin notifying owners until January 17, 2020. Customers will be instructed to have their vehicles inspected by a BMW technician at no cost. If their vehicle has a loose anchor bar, the technician will repair it free of charge. The affected models include a number of BMW X6 SUVs built between May 2014 and May 2019, including:

• X6 sDrive35i;
• X6 xDrive35i;
• X6 xDrive50i; and
• X6M.

Parents May Still be Able to Use Car Seats in Defective BMWs

While more than 30,000 BMW models have been recalled due to a potential safety defect, the article indicates that parents and guardians can safely use child safety seats in these vehicles anyhow. To be clear, the Consumer Reports article is not suggesting that parents using the lower rear-seat anchor bars designed to secure a child safety seat. Rather, it explains that parents can use the seat belt in the car to strap in the child safety seat.

If you are unsure about whether your child’s safety seat is properly installed and secured to your vehicle, it is important to seek help.

Contact an Escondido Product Defect Lawyer

If you or someone you love sustained injuries because of an auto defect, an Escondido product defect attorney can assist you. Contact the Walton Law Firm today for more information about our services.

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For families living in Carlsbad, it is extremely important to ensure that your children are wearing seatbelts and are properly restrained in the event of a car accident in Southern California. According to a recent report from NPR, 43% of kids who die in motor vehicle crashes are not properly restrained, which means that these children either were not wearing seatbelts at all or were not wearing seatbelts or other safety harnesses in the proper manner. What can parents learn from this information? It is extremely important to require your kids to wear seatbelts whenever they are in the car, and it is also necessary for parents to educate themselves about the proper restraints for children of all ages.

Traffic Accidents on the Rise

As the report explains, deadly traffic accidents are on the rise in the U.S., and many of them are preventable. In particular, in fatal crashes involving children, the simple act of properly restraining your child could prevent deadly injuries. We do know that some parts of the country have higher rates of child fatalities than others. All in all, however, more than 18,000 children across the U.S. were involved in car accidents between the years 2010 and 2014, and of those children, 15.9% died as a result of the car accident.

Where are the highest rates of child car accident fatalities? According to the report, 52% of kids involved in deadly collisions lived in the South. How does the San Diego area compare? According to a fact sheet from the California Office of Traffic Safety (OTS), young child car occupant deaths have risen in recent years in the state. Indeed, between 2013 and 2014, the total number of kids in California between the ages of 0-4 who died in motor vehicle collisions increased by 50% (from 14 deaths to 21 deaths). Teen car accident deaths, too, have increased.

California Seatbelt Law

The NPR report indicates that state with the strictest seatbelt laws tend to have the fewest auto accident fatalities. California has strong seatbelt laws, according to a fact sheet from the Insurance Institute for Highway Safety (IIHS). Specifically, California has primary enforcement for seatbelt violations, meaning that a person can be pulled over solely for failing to wear a seatbelt. In states with only secondary enforcement, a person cannot be stopped for failing to wear a seatbelt, but instead a seatbelt violation must be tied to another traffic violation for which there is primary enforcement.

In addition, California law requires that anyone who is younger than two years old and under 40 pounds and 40 inches must be placed in a rear-facing car seat. In addition, children who are 7-years-old and under who are less than 57 inches tall must also be in an appropriate child safety restraint system. In California, fines for adults who fail to wear a seatbelt begin at $20, while fines related to child safety seat violations begin at $100.

Contact a Carlsbad Car Accident Attorney

If you have questions about filing an auto accident claim, an experienced Carlsbad car accident attorney can assist you. Contact the Walton Law Firm today for more information.

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(image courtesy of Aaron Burden)

Beginning on January 1, 2017, residents of San Diego County will have to abide by a new law concerning child injury prevention and auto accident safety. According to a recent article in the Benito Link, as of the first of the year—just a few months away now—California residents will have to pay close attention to a new law that requires children who are under the age of 2 to ride in a rear-facing car seat. There are only a couple of exceptions to the recently passed law. If the child weighs 40 pounds or more, or if the child is 40 inches tall or greater, then the child is not subject to the terms of the new law, even if she or he is under the age of 2.

What else should you know about this law? And will it help to prevent child injuries in serious car accidents?

Comparing California’s Car Seat Laws and Child Seat Safety

In addition to the age requirement specified by the new law, there is another part of the law that parents should understand. Regardless of whether your child is required by law to ride in a rear-facing seat—those under the age of 2 regardless of the child’s weight and/or height—there are additional requirements: the child also must be “secured in a manner that complies with the height and weight limits specified by the manufacturer of the car seat,” according to a fact sheet from the California Highway Patrol (CHP). As such, parents will need to pay particular attention to the safety requirements provided by the car seat manufacturer.

How does the new law compare to the one that is currently in effect? As the CHP fact sheet explains, current California law requires children who are under the age of 8 to be secured in a car seat or a booster seat, and they must be in the back seat of the automobile, unless they have reached the height of 4’9”. For children between the ages of 8 and 15, as well as those under the age of 8 who are 4’9” or taller, still must sit in the back seat and be secured with a safety belt. For passengers who are at least 16 years old, standard safety laws—including California’s Mandatory Seat Belt law—are applicable.

As you can see, current law does not address safety requirements aimed specifically at younger children, including infants and toddlers.

Ensuring that You Comply with California Law on Child Safety Seats

How can you be certain that you are complying with the law? In addition to ensuring that your toddler or infant is secured in a rear-facing car seat in the back, it may be difficult to ascertain, with certainty, whether you are also abiding by the manufacturer’s safety instructions. As the article in Benito Link highlights, the CHP is co-hosting a number of child safety seat events with organizations such as AAA Insurance and Safe Kids California.

In a parking lot near you, you may be able to meet with a CHP officer who can perform a “Car seat safety check-up” for you to ensure that you are abiding by the new law that will go into effect in January.

In the meantime, if your child got hurt in a car accident, you may be able to file a claim for compensation. An experienced San Diego car accident attorney can help. Contact the Walton Law Firm today for more information.

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