Prevent Child Deaths in Hot Cars in California

Every year, children die from heatstroke after being left in hot cars—even on days that don’t feel dangerously warm. A child’s body overheats three to five times faster than an adult’s, and within minutes, a car can become deadly.

Prevent child deaths in hot cars in California by never leaving a child unattended, even for a few minutes. Every year, children die from heatstroke after being left in vehicles—even on days that don’t feel dangerously warm—because a child’s body overheats three to five times faster than an adult’s. Within minutes, the inside of a car can become deadly.

In California, it is illegal to leave a child age six or younger alone in a vehicle, and parents and caregivers should always check the back seat before locking the car, place reminders like a phone or bag in the back seat, lock parked cars to stop children from entering, and use car-seat alarms or safety apps. If you see a child left alone in a car, call 911 immediately—quick action can save a life.

Why Do Hot Car Deaths Happen?

Tragic hot car deaths often occur due to:

• Forgotten children when routines change

• Quick errands that take longer than expected

• Unsupervised play where children climb into cars

Sadly, California has been one of the states hardest hit by child hot car deaths. Despite awareness campaigns, these tragedies continue every year.

In fact, according to Kids and Cars, since 1990 more than 836 children in the U.S. have died from vehicular heatstroke, making it one of the leading causes of non-crash child fatalities.

For Their Safety, Never Leave a Child Alone in a Car

Tragically, we continue to bear witness to hot car deaths here in California and throughout the country. Despite a concerted effort to raise awareness about the serious dangers of leaving children in hot cars, it still happens at an alarming rate. In fact, since 1990, 836 children have died from heatstroke after being accidentally left in cars. That makes it the second-most common cause of nontraffic child fatalities from vehicles, behind accidental backovers. These numbers indicate just what a serious problem.

Facts About Child Deaths in Hot Cars:

• Heat stroke is the leading cause of non-crash, vehicle-related deaths in children under 15
• Heat stroke happens when the body is not able to cool itself quickly enough
• A child’s body heats up three to five times faster than an adult’s does
• When left in a hot car, a child’s major organs begin to shut down when body temperature reaches 104 degrees Fahrenheit (F)
• A child can die when body temperature reaches 107 degrees F
• In just 10 minutes, a car can heat up 20 degrees F
• Cracking a window does little to keep it cool once the car is turned off
• Heat stroke can happen when the outside temperature is as low as 57 degrees F
• Hot days can happen throughout the year

California fact: Because the state has warm weather year-round, hot car deaths can occur in any season.

Preventing Hot Car Deaths

The last thing we want to hear is that another child has died of heatstroke due to being left in a hot car. The majority of these deaths occur when the adult forgets the child is in the back seat, but this too can be remedied. Here are a few tips for preventing hot car deaths:

• Always check the back seat and make sure all children are out of the car
• Avoid distractions while driving, especially cell phone use
• Be extra alert when there is a change in your routine, like if you do not normally take your child in the morning
• Put your cell phone, bag, or purse in the back seat
• If someone else is driving your child, always check to make sure your child has arrived safely
• Keep your car locked when it is parked to prevent a curious child from “playing” in the car
• Make sure children do not have easy access to your car keys
• Teach children that cars are not safe places to play
• Remind children that cars, especially car trunks, should not be used for games like hide-and-seek
• Keep rear fold-down seats closed to prevent a child from crawling into the trunk from inside the car

How California Law Addresses Hot Car Incidents

California law makes it illegal to leave a child under 7 years old unattended in a vehicle without supervision from someone at least 12 years old.

• California Vehicle Code §15620 prohibits leaving young children alone in cars if:

  • Conditions present a significant risk to the child’s health or safety, or

  • The car is left running or the child has access to the keys.

Additionally, California has a “Good Samaritan Law” (Civil Code §43.100) that protects individuals from civil liability if they break into a car in good faith to rescue a child in danger from heat.

Take Action if You See a Child Alone in a Car:

Protecting children is everyone’s business! If you see an unattended child in a car and are concerned, you should immediately call 911.

If the child is unresponsive or is in pain, immediately:

• Call 911
• Get the child out of the car
• Spray the child with cool water (but not ice)

If the child is responsive:

• Stay with the child until help arrives
• Have someone else search for the driver or ask the facility to page them

H.R.3593, The federal Hot Cars Act was introduced in the U.S. Senate in July 2019 to prevent heatstroke deaths in cars.

What Is the Hot Cars Act of 2019?

The Helping Overcome Trauma for Children Alone in Rear Seats (HOT CARS) Act was introduced to require automakers to include child safety alert systems in all new vehicles.

These systems would function like seatbelt reminders—using sounds and dashboard alerts when a child is detected in the back seat after the engine is turned off.

More information is available at Congress.gov.

The HOT CARS Act of 2019 would require the Transportation Department to mandate all new motor vehicles have a “child safety alert system.” This would work similarly to existing seat belt alerts, with flashing symbols and warning sounds in the driver’s line of sight by the speedometer.

The full name is the Helping Overcome Trauma for Children Alone in Rear Seats Act.

The House version [H.R. 2801] was introduced last June by Rep. Tim Ryan (D-OH13). The Senate version [S. 1666] was introduced last July by Sen. Richard Blumenthal (D-CT).

Legal Options for Families in California

If your child was left in a hot car due to a caretaker’s negligence, you may have legal rights under California personal injury and child endangerment laws.

If your child has been left in a hot car, call 911 immediately. If you notice a child in the backseat of a vehicle that is unattended, stay present and wait for authorities. Use your best judgment in these situations.

Child hot car deaths are tragic but avoidable. In the event your child was left in a hot car by a caretaker, please contact Duque & Price Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away.

Key Takeaways

• In California, it is illegal to leave a child under 7 unattended in a car

• Children can die of heatstroke in cars within minutes, even on mild days

• Always check the back seat and keep vehicles locked

• Good Samaritans in California are legally protected when rescuing a child in danger

• Call 911 immediately if you see a child alone in a vehicle

• Families may pursue legal options under California law with help from Duque & Price

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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