South Florida Auto Accident Lawyer

One in five kids in crashes unrestrained

But for some reason, they were unrestrained in the back seat of the Dodge Neon their father was driving through the Black Hills near Hot Springs almost two years ago. The South Dakota Highway Patrol estimated that Clinton Phelps was driving 87 mph and had been drinking when he lost control of the car and vaulted 157 feet before rolling. Clinton, 28, was wearing a seat belt and survived. His children were killed.

They were two of 21 passengers younger than 14 who died in the past seven years in accidents after not being restrained in a car seat or safety belt, according to an Argus Leader analysis of state accident records. In addition, almost 100 unrestrained children were seriously injured during that period.

Clinton Phelps pleaded guilty last year to vehicular homicide and was sentenced to 15 years in prison. The alcohol contributed to "some bad decisions," his mother said. Violating South Dakota's law is a petty offense with a maximum fine of $25. Furthermore, even when when children are killed or injured, drivers often are not cited, according to the Argus Leader analysis.

Child safety advocates have been pushing for years to require booster seats for 5- to 8-year-olds in the state. The boosters replace the seats used for small children and elevate the body so seat belts are more effective.

Arizona and Florida are the only other states that don't have booster requirements. Gov. Dennis Daugaard, who took office in January, favors fewer regulations in general. In terms of child safety in vehicles, the governor would rather encourage parents to use proper car seats, including boosters. A law requiring that they do so might not be necessary, said Tony Venhuizen, the governor's director of policy and communications.

"If you have parents who have the information and choose to ignore it, then you have to wonder if putting it into the law would really make that much difference or not," Venhuizen said. "It's a philosophical question."

While South Dakota requires special seating only for children 4 and younger, North Dakota requirements cover children up to 6 years old, Minnesota 7 and younger and Wyoming requires children up to 8 to be in booster seats. A bill actually passed both chambers of the Legislature in 2007. The bill, sponsored by former state Rep. Mark Willadsen, a Sioux Falls Republican, would have required children ages 5 to 8 who weigh less than 80 pounds to ride in a booster seat.

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