Sean O' Rourke | July 22, 2025 | Car Accidents
When can a child sit in the front seat in Houston, Texas? State and federal guidelines say that children should ride in the back seat until they are at least 13 years old. This rule is based on safety, not just legal requirements. Airbags and crash forces in the front seat are designed for adults. Putting a child up front too early can lead to serious injury or death in a car accident. Continue reading to learn more about child seat safety laws.
What Texas Law Says About Children in the Front Seat
Texas law doesn’t specify the age at which a child can sit in the front seat. Instead, the law focuses on proper car seat use and safety restraint systems. Under Texas Transportation Code § 545.412, all children under eight must be secured in a child safety seat unless they are taller than 4 feet 9 inches. After that, they can use a regular seat belt.
Why the Front Seat Is Dangerous for Kids
Front-seat airbags are a major risk for smaller passengers. They are made to protect adults in serious crashes, but the force of an airbag deploying can be deadly for a child. In fact, the CDC and NHTSA report that riding in the back seat reduces injury risk by over 50% for children.
There are also several crash-related risks when kids sit up front:
- Airbag trauma: Airbags can strike a child’s head or neck with fatal force.
- Improper fit: Seat belts may not fit a child’s body properly, increasing the risk of abdominal and spinal injuries.
- Distractions: Younger kids in the front seat may distract the driver.
These are just a few reasons why keeping children in the back seat as long as possible is safest.
What Age Is Recommended for the Front Seat?
Most safety experts and medical organizations agree on one basic rule: Children should not ride in the front seat until they are at least 13 years old.
This is not just a rule of thumb. It’s supported by decades of crash data and safety research. In most cases, a child is tall and strong enough by 13 to withstand the forces that affect the front seat in a collision.
Can a Child Sit in the Front Seat with a Booster Seat?
The front seat is not recommended for younger children, even with a booster seat. Booster seats are designed to raise a child’s height so a seat belt fits correctly, but they don’t offer protection from airbags.
If there’s absolutely no other option and a child must ride up front:
- The seat should be moved back as far as possible
- The child must be properly restrained
- Airbag systems should be turned off if allowed by law
However, this should be a last resort, not a regular practice.
Penalties for Not Following Texas Child Seat Laws
Failing to follow Texas car seat laws can result in a $25–$250 fine, plus court costs. More importantly, it puts a child at risk of serious injury. Police officers in Houston can stop a vehicle and issue a ticket if a child isn’t secured properly.
In the event of a crash, violating child passenger laws can also affect personal injury claims. Under Texas’s modified comparative fault rule, if a parent or driver is found more than 50% at fault for the child’s injuries, such as placing the child in the front seat too early, it could bar recovery of damages.
What if a Crash Happens While a Child Is in the Front Seat?
If a child is injured in a crash while riding in the front seat, injury claims may become more complicated. Insurance companies may try to reduce or deny compensation by blaming the adult who allowed the child to sit in front.
Texas uses a fault-based system, so liability matters. If the other car’s driver is entirely at fault, you can still pursue a claim, but legal help may be needed to push back against comparative fault arguments.
When Can a Child Sit in the Front Seat in Houston, Texas?
The safest and most widely accepted answer is age 13 or older. While Texas law doesn’t specify a hard age limit, following the guidance of safety experts is the best way to protect your child and reduce risk. Waiting until a child is 13 not only aligns with recommendations; it can also help avoid injury, liability, or legal complications in the event of a crash.
Contact the Houston Accident Lawyers at Simon & O’Rourke Car Accident & Personal Injury Lawyers for Help Today
If your child was injured in a car crash—whether they were seated in the front or back—it’s important to understand your rights and legal options. At Simon & O’Rourke Car Accident & Personal Injury Lawyers, we fight for families in Houston who are facing the aftermath of serious accidents.
Our experienced team knows how to handle complex cases involving child passenger safety, comparative fault, and insurance challenges.
For more information, please get in touch with the Houston personal injury attorneys at Simon & O’Rourke Car Accident & Personal Injury Lawyers at our nearest location to schedule a free consultation today.
Simon & O’Rourke Car Accident & Personal Injury Lawyers
440 Louisiana St Suite 1115, Houston, TX 77002
(281) 667-4081
About The Author
Sean O’Rourke earned his law degree from Southern Methodist University School of Law and is licensed to practice in Texas. He frequently assists clients with their legal needs in Houston, with a focus on personal injury cases, especially those involving motor vehicle accidents (such as cars, commercial trucks, 18-wheelers, & motorcycles). Click here to view some of the amazing case results that Sean has successfully handled.
Location: Houston, TX