There’s something exciting for kids about finally being able to ride in the front seat. For a lot of them, it feels like a rite of passage. The kind of moment that makes them feel just a little more grown-up. But as any parent knows, when it comes to kids and cars, safety has to come first. So, it’s normal to wonder when a child can sit in the front seat in Wisconsin.
The Front Seat: Why It’s Not Just About Age
Let’s start here: the front seat isn’t dangerous just because it’s in the front. It’s dangerous for smaller passengers because of one very powerful piece of technology: the airbag. Airbags are incredible lifesaving tools. But they’re designed to protect full-grown adults, not kids.
When they deploy, they do so with a lot of force, which is enough to hurt a child who isn’t tall or heavy enough to handle that kind of impact. That’s why medical and safety experts all say the same thing: the back seat is the safest spot for kids under 13.
What the Law in Wisconsin Says
Alright, let’s talk legal. Wisconsin car seat laws are quite clear when it comes to child passenger safety, but they focus more on restraints (car seats, boosters, seat belts) than it does on where kids sit in the car. Here’s the breakdown of Wisconsin child car safety regulations:
- Kids under 1 year old or under 20 pounds must ride in a rear-facing car seat in the back.
- Kids 1 to 4 years old and between 20 to 40 pounds should be in a forward- or rear-facing seat in the back seat.
- Kids 4 to 8 years old who weigh 40 to 80 pounds and are under 4 feet 9 inches tall are required to use a forward- or rear-facing seat or a booster seat in the back seat.
- Once they’re over 8 years old or they hit 80 pounds or 4’9″, they can ride with just a seat belt.
But here’s the key detail: Wisconsin doesn’t have a law that says what age a child can sit in the front seat.
Safety Recommendations from the Experts
Even though Wisconsin child seat age requirements stop at booster seats, the National Highway Traffic Safety Administration (NHTSA) and American Academy of Pediatrics (AAP) both strongly recommend that kids stay in the back seat until they’re at least 13 years old.
Children under 13 are still growing, and their bones, including their skull and chest, are more fragile. If they are sitting in the front seat and there is a crash, the airbag can hit them with enough force to cause serious injury or worse.
Legal Doesn’t Always Mean Safe
This is one of those moments where law and safety don’t always align perfectly. Yes, your 9-year-old might legally be allowed to ride in the front seat with a seatbelt, but should they? As a parent or caregiver, you always have the right to make a more cautious decision than what the law requires. When it comes to your child’s safety in the car, that’s always the better route.
The “Seatbelt Fit Test”: What to Look For
Even when a child graduates out of a booster seat, it doesn’t mean the adult seatbelt fits them correctly. Here’s a quick way to check:
- Can your child sit back against the seat with their knees bent comfortably at the edge?
- Does the lap belt stay low across the hips or upper thighs?
- Does the shoulder belt cross the shoulder and chest, not the neck or face?
- Can your child stay seated like this the whole ride?
If the answer is “yes” to all of the above, they’re likely ready for the seatbelt (and maybe the front seat, if they’re 13 or older).
What Happens If a Child Is Injured in the Front Seat?
Here’s where the legal side comes in. If a child is injured in a crash while sitting in the front seat, a few important questions come up:
- Were they properly restrained?
- Were they old enough and big enough to be there?
- Was the airbag turned off if it needed to be?
These questions can affect insurance claims, liability, and even compensation in a personal injury case. If the child wasn’t properly restrained or was too young to be up front, the other party (or even your insurer) might argue that it contributed to the injury, which could reduce the compensation the child is eligible to recover from the at-fault party.
Get Our Proven Wisconsin Car Accident Lawyers on Your Side
When a car accident happens, whether due to another driver’s negligence or questions about proper restraint, you need a legal team that understands the laws, the risks, and the physical, emotional, and financial toll these situations take on families.
At Gingras, Thomsen & Wachs, our attorneys are recognized for their experience, dedication, and compassion. We have been honored with top awards like Best Lawyers in Wisconsin, Top 100 Trial Lawyers, and Wisconsin Super Lawyers, but what means the most to us is the trust our clients place in us.
If your family is facing the aftermath of a crash involving a child passenger, you don’t have to go through it alone. Our skilled attorneys will fight to hold the negligent parties liable and pursue the largest possible compensation you and your child are owed. To schedule your free consultation, call us at 855-954-1186 or contact us online.
