Kentucky State Police say a one-year-old child, who died in a car crash Tuesday night, wasn't in a proper child restraint.
Investigators say Rashawna Vancleave was belted, however, when the car she was in pulled out in front of a pickup on McElroy Pike, near Highway 68, in Marion County.
Investigators also say a two-year-old in the car wasn't in a child restraint, but was belted.
That child, Ryasia Vancleave, has been released from the hospital.
"We have collisions everyday. Do we start charging the people that don't put their children in child restraints with negligence? Or do we charge them with improper restraint, like we do now. So where do we stop, where do we start? That will be the evaluation for the Commonwealth's Attorney and the grand jury will have to make," said Trooper William Gregory with Kentucky State Police.
Two adults in the car, Eugene Owens, 35, and Shirley Vancleave, 20, were injured and taken to University of Louisville Hospital.
Owens was driving. Family of the Vancleaves said they had gone Christmas shopping and taken the children with them.
"I told her mom, I said something ain't right. I kept calling, I called about ten times, didn't answer the phone," said Annette Walker, Rashawna's great-aunt.
The driver of the pickup, Tim Clark, 57, was not seriously hurt.
Police haven't said if any charges will be filed. Police say there was a booster seat in Owens' car, but it was found on the floor board.