New seat belt law aimed at keeping kids safe longer

Heather Rawlyk

Friday, May 28, 2004 | 3:25 a.m.

WEEKEND EDITION

May 29 - 30, 2004

Clark County will hold three booster seat giveaways.

Monday: 5 p.m. to 7 p.m. at Krispy Kreme on the corner of Eastern Avenue and Silverado Ranch Boulevard.

June 5: 6:30 p.m. to 8:30 p.m. at Pat Clark Pontiac, 2575 E. Sahara Ave.

June 16: 9 a.m. to 11 a.m. at Dagermans Just For Kids, 2370 S. Rainbow Blvd.

To find out about future giveaways or for information about how to get a free booster seat, call SAFE KIDS Clark County at (702) 731-8666.

When Las Vegas resident Sheila Ledesma buckled her 7-year-old daughter into the back seat of her Honda Accord in September for a late afternoon shopping trip, she thought she was doing everything right to keep her child safe.

But when Ledesma's vehicle was struck on the driver's side by a speeding car, the seat belt that saved her daughter's life also hurt her body.

Marina Ledesma was rushed to the hospital, where she spent three weeks in the intensive care unit and underwent surgery to repair her large and small intestines, reconstruct her colon and remove her appendix -- all damage caused by the pressure of an improperly fitting seat belt, her mother said.

Such child injuries are too common, according to Erin Breen, director of the Safe Community Partnership program at University of Nevada, Las Vegas. "That's why we've got a new child passenger seat law going into effect -- to prevent injuries like those Marina received," she said.

The new law, which goes into effect Tuesday, requires children to ride in an approved booster seat until they are 6 years old or weigh 60 pounds, Breen said.

Fines for parents who violate the law will range from a mandatory $50 to $500, a significant increase from the current maximum fine of $100, she said. Parents in violation of the law will also be required to attend a child passenger education class, Breen said.

Nevada will join the 22 states that have booster seat laws in effect. Until Tuesday Nevada law has said children up to 4 years old or who weigh up to 40 pounds must be secured in a child safety seat, but did not address older children.

Even the new booster seat law doesn't fully cover children who can be hurt by improper seat belt fit, Breen said.

"Well, the new law is much better than nothing, but what we really wanted to get passed was age 8 and weighing 80 pounds," she said. "The reality is that adult seat belts are not meant to fit small bodies, even at 60 pounds. A good example is little Marina."

At 7 years and weighing 60 pounds, Marina would have been considered to be within the legal criteria to sit out of a child safety seat.

"Even if the new law were in effect, it wouldn't have included Marina, and I would have thought she was safe in her seat belt without a booster," Ledesma said.

Breen explained that adult seat belts are designed for bodies of at least 80 pounds and 4 feet 9 inches.

Of the 22 states that currently have a booster seat law in effect, only one requires children to weigh 80 pounds, Breen said. That is Maine.

Tennessee will join Maine on July 1, according to the Insurance Institute for Highway Safety.

"It's a mixed bag," Breen said. "But I am warning parents to keep their children in a booster seat until they are 80 pounds, just to be safe. Your child will be more comfortable and you will be comfortable knowing they're safe."

Dr. John Fildes, medical director at UMC Trauma Center, testified on behalf of SAFE KIDS before the Senate Committee of Transportation in February 2003, citing specific examples of the injuries received by children improperly using an adult seat belt.

Fildes said each year in Nevada, four to 10 children die in motor vehicle accidents, most between the ages of 4 and 8.

In 2002 UMC's Trauma Center admitted 29 children in those age groups who had been injured in car accidents, Fildes said.

"Children improperly using an adult restraint system suffered from spleen injuries and small bowel ruptures," he said. "Of the 29 children treated at the trauma center in 2002, two were in child booster seats."

One of them was uninjured while the other suffered a small cut on his forehead and an uncomplicated leg fracture, Fildes said.

Traci Filippi, who specializes in child passenger safety for the Nevada Office of Traffic Safety, said improper seat belt fit also can lead to children moving the seat belt to a point that it is no longer effective.

"The biggest thing I tell parents is when they're driving down the street to see if their child is fussing with the seat belt," Filippi said. "A lot of times the seat belt doesn't fit right and children end up moving it out of the way or behind their back to be comfortable.

"That totally negates the system to their body," she said. "It may end up doing more damage on them than not wearing a seat belt at all."

Sgt. Frank Weigand of the Metro Police fatal crash investigation section agreed that parents need to keep an eye on their children to make sure the seat belt is on properly.

"I'm going to be honest in saying that the 60 pound to 6 years law is a good start, but people are going to have to do it for it to work," Weigand said. "Passing this law isn't going to make children safer. The only way the children will be safer is if parents comply with this law."