Using a Car or Booster Seat in an Uber, Lyft, or Shuttle

While Las Vegas is generally thought of as a destination for adults, plenty of families visit and bring young children. One consideration when traveling with small children is transportation and the issue of car seats and booster seats. In this blog, we’ll talk about the laws in Nevada regarding car and booster seats in public transportation and rideshare vehicles.

What are Nevada’s laws when it comes to car and booster seats for infants?

Most states have laws dictating when specialized seats for children are required in vehicles, and Nevada is no different. According to NRS 484B.157, children less than 6 years of age and less than 57 inches tall must be secured in a child restraint system while being transported in a motor vehicle. Children less than 2 years of age must be secured in a rear-facing child restraint system in the back seat.

That seems clear-cut, right? However, there are a few sections to this law, including one on public transportation. The law above applies to all vehicles except public transportation, including a taxi, school bus, or emergency vehicle. While it may not be the safest course of action, you, as the parent, are not breaking the law if you allow your child to ride in a taxi without a car or booster seat. Additionally, NRS 484B.157 states that a violation of this statute cannot be considered negligence in a civil action, meaning if your child was hurt in an accident, you cannot be blamed for the injuries for violating the statute.

Rideshares and car/booster seats

NRS 484B.157 does not mention Uber, Lyft, or rideshare vehicles. It is debatable whether rideshare vehicles would be considered public transportation. On the one hand, they are vehicles being offered for transportation services and open to the public. Motor carriers, like taxicabs are subject to the laws in NRS Chapter 706, and Chapter 706 does not mention rideshare vehicles. Instead, rideshare companies are considered Transportation Network Companies, which have their own laws in NRS Chapter 706A. NRS 706A.075 says that TNC vehicles are not exempt from any law governing the operation of a motor vehicle in Nevada. Likely, rideshare vehicles would not be considered public transportation, and car and booster seats would be required.

The problem of the availability of child seats in rideshares isn’t limited to Nevada, either. The child safety seat laws vary by state, and very few directly address the use of car seats in rideshares. Research done by the Dallas Morning News has highlighted the following issues: a lack of consistent laws and policies for child safety, confusion among parents and drivers, varied levels of confidence in adhering to state laws, inconsistent use of safety seats, and differing opinions on responsibility for proper seat use. The research emphasizes the need for clearer laws, better understanding among parents and drivers, and improved training and company policies to ensure child safety in rideshares. As rideshare usage is expected to grow, addressing these issues becomes increasingly important to prevent potential tragedies.

Both Uber and Lyft are beginning to offer specific options for car seats (though there is generally not a wide variety of choices in types of seats, and the specialized service is only available in certain cities). In Las Vegas in particular, there are also car service companies that specifically cater to families: they provide travel to and from the airport (or to other areas) in vehicles with car seats. However, unlike Uber and Lyft, you may not be able to book transport on the spot, meaning you’ll need to plan ahead.

According to Uber and Lyft’s terms of service, if you request a car or booster seat, you are responsible for ensuring it is properly installed in the vehicle. This is similar to if you brought a car seat with you from home. In fact, the safest thing to do when traveling is to bring your own car or booster seat. That way you are familiar with its installation and know that it is not in a defective or unsafe condition.

What do I do if my child is injured in a Las Vegas rideshare accident?

When it comes to child car and booster seats, the proper installation and usage of any child’s seat is up to you. As rideshares, shuttles, and other public transportation do not need to supply these amenities, and place the burden on the rider, establishing liability may be a challenge.

This does not mean you cannot recover damages for any injuries stemming from a car accident with a rideshare or a shuttle. In Nevada, we follow a modified comparative negligence rule, which means that “ the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.” In light of NRS 484B.157 stating that a violation of the car seat statute cannot be considered negligence, the improper use of a car seat should not be considered in the comparative negligence inquiry.

In simple terms, this rule says that if someone is hurt or their property is damaged, and they were partly at fault, they can still get compensation as long as their part of the fault is not more than the other people involved in the situation. This means that if you were in an accident that was caused by either your driver’s negligence or a third party’s negligence, and your child suffered injuries, there is a path to recovery. Seeking the help of a Las Vegas car accident lawyer should be the first thing you do after you get medical attention. Claggett & Sykes represents folks who have been injured in Uber and Lyft accidents, collisions involving taxis and shuttles, and all other catastrophic vehicle crashes. We also help out-of-state visitors who are injured during business trips or vacations.

Note: If the car seat is defective, as per a mistake by the manufacturer or designer, the developer of the car seat may be also held liable for the injuries to your child in the event of an accident.

The safety of your child is your number one priority, and ensuring that safety can be difficult sometimes, especially when it comes to public transport. If you were injured in an accident while riding in a rideshare car, a public bus, or a shuttle, contact Claggett & Sykes Law Firm. We are intimately knowledgeable in the laws of Nevada and we understand how the state’s negligence laws work. We will investigate your case to discover all the liable parties, and whether you might share some of that liability yourself. Our goal is for you to receive the compensation that you rightfully deserve within the bounds of the law. To schedule a free consultation, call us or use our contact form. We have offices in both Reno and Las Vegas.