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Child Pedestrian Accidents in California: A Parent’s Guide to Your Child’s Legal Rights
Steven M. Sweat, Personal Injury Lawyers, APC | Serving families throughout Los Angeles and Southern California
| Quick answer If your child was hit by a car in California, your child has a personal injury claim that a parent or guardian pursues on their behalf. California treats a minor’s claim differently from an adult’s in three important ways: the filing deadline is paused (“tolled”) while your child is under 18, any settlement must be approved by a judge to protect the child, and children are held to an age-appropriate standard of care — which sharply limits how much blame a driver can shift onto a young child. One major exception still demands fast action: if a government entity (a city, county, school district, or transit agency) may be responsible, a formal claim is generally due within six months. |
Few moments are more terrifying for a parent than learning that a child has been struck by a vehicle. In the hours and days that follow, families are focused on emergency rooms and recovery — not insurance adjusters or legal deadlines. Yet the decisions made early in a child’s case often shape the compensation available for a lifetime of medical needs. This guide explains how California law protects injured children and what parents should know to safeguard their child’s rights.
Our firm has represented injured pedestrians and their families across Southern California for more than 30 years. We are a boutique, trial-ready practice — not a high-volume settlement mill — which means a child’s case receives the individual attention and courtroom credibility that serious injuries demand. For an overview of pedestrian claims generally, see our Los Angeles pedestrian accident page.
Why children are especially vulnerable as pedestrians
Children are not small adults. Their size, development, and behavior make them uniquely at risk around traffic, and these factors frequently matter when establishing how a collision happened:
- Low visibility. A small child can disappear from a driver’s sightline entirely, especially behind or in front of SUVs and trucks and in the moments before a backover in a driveway or parking lot.
- Undeveloped judgment. Young children cannot reliably gauge a vehicle’s speed or distance, and tend to assume that if they can see a car, the driver can see them.
- Impulsive movement. Children chase balls, pets, and friends into the street — the so-called “dart-out” scenario that drivers in residential areas and school zones are legally expected to anticipate.
- High-risk locations. School zones, crosswalks near parks, residential streets, and the area around ice cream and delivery trucks are recurring danger points. Many of the city’s most dangerous intersections see children among the victims.
How a pedestrian injury claim works when the victim is a child
A minor cannot file or settle a lawsuit on their own. California builds in several protections that make a child’s case procedurally different from an adult’s — and understanding them is the difference between protecting your child’s recovery and forfeiting it.
A parent or guardian brings the claim
Because a minor lacks legal capacity to sue, the claim is brought on the child’s behalf by a parent or guardian acting as a “guardian ad litem” under California Code of Civil Procedure § 372. The guardian makes litigation decisions for the child, but the recovery belongs to the child.
The filing deadline is paused while your child is a minor
California’s general deadline for a personal injury claim is two years (Code of Civil Procedure § 335.1). For a child, however, that clock is tolled during minority under § 352 — it generally does not begin to run until the child’s 18th birthday, giving them until roughly age 20 to file. This is a meaningful safeguard, but it is not a reason to wait. Surveillance video is overwritten within days, witnesses move, and vehicle “black box” data is lost. Building the case early almost always produces a stronger result.
The critical six-month exception: claims against a government entity
Do not assume you have years to act If a city, county, school district, transit agency, or other public entity may share responsibility — for example, a poorly designed crosswalk, a missing crossing guard, or a negligent government driver — California Government Code § 911.2 generally requires a formal government claim within six months of the incident. The minority tolling above does not extend this short window. The law does allow an application to file a late claim (§§ 911.4, 911.6), and a child’s minority is a recognized ground for relief — but relief is never guaranteed. When a public entity may be involved, contact a lawyer immediately.
A judge must approve your child’s settlement
Even when a child’s case settles without trial, California requires court approval of the settlement — a process called a “minor’s compromise” (California Rules of Court 7.950–7.952). A judge reviews the amount, the attorney’s fees, and how the funds will be held to ensure the outcome is fair to the child. Net proceeds are typically placed in a blocked account the child accesses at 18, or in a structured settlement that pays out over time. This protects the recovery from being spent before the child reaches adulthood.
Can a child be blamed for the accident? The standard of care for children
California follows a “comparative negligence” rule, so insurers routinely try to shift blame onto the injured party to reduce what they pay. With children, the favorite argument is that the child “darted out” into traffic. But California does not judge children by the adult standard.
Instead, a child is measured against what a reasonable child of the same age, intelligence, knowledge, and experience would do under similar circumstances — and very young children may be legally incapable of negligence at all. Drivers, meanwhile, are expected to use heightened caution near schools, parks, and residential streets where children are likely to be present. The result is that fault is far harder to pin on a child than an adult. For more on how fault and right-of-way work in these cases, see our explainer on California pedestrian right-of-way law and our overview of a pedestrian’s rights after an injury.
Who can be held responsible
More than one party may owe your child compensation. Identifying every responsible party — and every available insurance policy — is often what separates an adequate result from a full one:
- The driver who struck the child, for negligence such as speeding, distraction, or failing to yield.
- An employer, when the driver was working — for instance, a delivery van or an ice cream truck vendor — which can open access to larger commercial insurance coverage.
- A government entity, for a dangerous condition of public property such as a defective crosswalk, obscured signage, or an unsafe school-zone design (subject to the six-month deadline above).
- A property owner, such as an apartment complex or parking structure with poor visibility, inadequate lighting, or unsafe traffic flow where a backover occurs.
Common injuries to child pedestrians
Because of a child’s size, the point of impact tends to strike higher on the body, and injuries are frequently severe:
- Traumatic brain injuries, from the initial impact or the secondary fall to the pavement — with consequences that can affect learning and development for years.
- Spinal cord injuries, which can permanently alter a child’s mobility and independence.
- Fractures of the legs, pelvis, and arms, and internal organ injuries (clinicians sometimes describe a recurring pattern of head, torso, and lower-limb trauma in struck children).
- Lasting scarring or disfigurement, and emotional trauma that can require long-term counseling.
A central feature of children’s cases is that the harm unfolds over time. Injuries that interfere with growth, schooling, or future earning capacity must be valued with the help of medical and economic experts — not estimated from a quick adjuster’s formula.
What compensation may be available
A child pedestrian claim can seek the full range of damages California allows, including:
- All past and future medical care, including surgeries, rehabilitation, therapy, assistive devices, and a life-care plan for catastrophic injuries.
- The child’s lost future earning capacity, where injuries are likely to limit the work they can do as an adult.
- Pain, suffering, emotional distress, and compensation for permanent scarring or disfigurement.
- The parents’ own claim for medical expenses they have paid on the child’s behalf during the child’s minority.
In the most tragic cases — where a child does not survive — the family may bring a wrongful death claim. For realistic context on case values, see our guide to pedestrian accident settlement values in California. Every case turns on its own facts; no article can predict a specific outcome.
What to do if your child was hit by a car
- Get medical care immediately. Some serious injuries — concussion, internal bleeding — do not show symptoms for hours. Insist on evaluation even if your child “seems fine.”
- Call the police. A police report creates an official record and helps preserve the driver’s information and witness accounts.
- Document everything. Photograph the scene, the vehicle, the road, and your child’s injuries. Get names and numbers of witnesses before they leave.
- Preserve evidence quickly. Nearby surveillance and traffic-camera footage is often erased within days. Prompt legal action can preserve it.
- Do not give a recorded statement. Speak with an attorney before talking to the driver’s insurer or accepting any offer.
- Keep records. Save medical bills, treatment notes, and any expenses tied to the injury.
For a fuller walkthrough of the steps that protect a claim, see our guide on what to do after a pedestrian accident.
Our results in child pedestrian cases
We have recovered compensation for injured children and pedestrians throughout Southern California. In one representative matter, our firm recovered the full available insurance policy limits of $50,000 for a minor child who was struck while crossing the road near an ice cream truck. Recoveries are driven by the available coverage and the specific facts of each case; a complete list of verified outcomes is on our recent results page.
Past results do not guarantee or predict the outcome of any future case. Every case must be evaluated on its own facts.
Why families across Southern California choose our firm
- More than 30 years representing California accident victims and their families.
- A trial-ready, boutique practice — not a settlement mill. Insurers know which firms try cases, and that credibility drives stronger offers.
- Recognized by Super Lawyers every year since 2012, with an Avvo 10.0 rating, National Trial Lawyers Top 100, and membership in the Multi-Million Dollar Advocates Forum.
No fee unless we win. We handle these cases on a contingency basis, and consultations are always free. Se habla español.
Speak with a Los Angeles child pedestrian accident attorney
If your child was injured by a vehicle, you do not have to navigate the insurance system alone. Call us at 866-966-5240 for a free, confidential consultation, or request a free case evaluation online. You can also learn more about our free personal injury evaluation. We will explain your child’s rights, the deadlines that apply, and how we can help — with no obligation.
Frequently asked questions
How long do I have to file a pedestrian accident claim for my child in California?
For most claims, California pauses the deadline while your child is a minor, so the standard two-year personal injury clock generally does not begin until your child turns 18 — giving them until about age 20 to file. The major exception is a claim against a government entity (a city, county, school district, or transit agency), which generally must begin with a formal claim within six months. Because evidence disappears quickly, it is still best to act right away.
Will my child’s case have to go to court?
Most claims settle without a trial. But even when a child’s case settles, California requires a judge to review and approve the settlement — a “minor’s compromise” — to confirm it is fair and that the money is protected. The funds are typically held in a blocked account or a structured settlement the child receives at 18.
Can the driver blame my child for running into the street?
Insurers often argue a child “darted out,” but California does not hold children to the adult standard of care. A child is judged by what a reasonable child of the same age, intelligence, and experience would do, and very young children may not be capable of legal negligence at all. This sharply limits how much fault a driver can shift onto a child.
What if my child was hit in a school zone or by a government vehicle?
A public entity can be held liable — for example, for a dangerously designed crosswalk or a negligent government driver. These claims carry a strict six-month deadline to file a government claim, so it is critical to contact a lawyer immediately.
How much is a child pedestrian accident claim worth?
There is no single “average” that fits every case. Value depends on the severity of the injuries, the long-term effect on the child’s development and future earning capacity, the available insurance coverage, and the strength of the evidence. Our pedestrian settlement values guide offers realistic context.
Do I have to pay anything upfront to hire your firm?
No. We handle child pedestrian injury cases on a contingency fee — there is no fee unless we recover for your family — and the consultation is free.