When a child is struck by a vehicle, the physical, emotional, and legal consequences affect entire families. Child pedestrian accidents are tragically common—children under 15 account for a significant percentage of pedestrian fatalities, with the highest risk among ages 5 to 9 years old. Understanding the unique legal considerations in these cases helps families pursue full compensation for their child's injuries.
Why Children Face Higher Pedestrian Risks
Children are particularly vulnerable to pedestrian accidents due to developmental factors that affect their safety awareness. Smaller stature makes children harder for drivers to see, especially near parked cars or in parking lots. Children have limited peripheral vision and difficulty judging vehicle speed and distance.
Young children are also impulsive and unpredictable, potentially darting into streets without warning. They may not fully understand traffic rules or the danger vehicles pose. These characteristics do not excuse driver negligence—they actually increase the duty of care drivers owe in areas where children are present.
Heightened Duty of Care Near Children
Legally, drivers must exercise greater caution in areas where children are likely to be present. This includes school zones, residential neighborhoods, playgrounds, parks, and areas near bus stops. Courts consistently hold that drivers who observe children—or who are in areas where children are commonly present—must anticipate unpredictable behavior.
The "child standard" in negligence law recognizes that children cannot be held to the same standard of care as adults. A child who runs into the street without looking is not necessarily contributorily negligent in the same way an adult would be. Many states prohibit or significantly limit comparative fault findings against young children.
Filing a Claim on Behalf of a Minor
Parents or legal guardians must file personal injury claims on behalf of injured children. These cases require court approval of any settlement to protect the child's interests. A judge will review proposed settlements to ensure they adequately compensate the child, and significant settlements may be placed in structured settlements or blocked accounts that the child cannot access until reaching adulthood.
The statute of limitations for child injury claims is often extended or "tolled" until the child reaches 18, though parents' claims for medical expenses and other damages may still be subject to standard deadlines.
Long-Term Impact and Future Damages
Child pedestrian accidents often cause injuries with lifelong consequences. Traumatic brain injuries can affect cognitive development, academic performance, and future earning capacity. Orthopedic injuries may impact growth plates and cause permanent limitations. The psychological trauma can result in lasting anxiety, PTSD, and behavioral changes.
Calculating damages must account for decades of future medical care, lost earning potential, and diminished quality of life. Expert testimony from pediatric specialists, life care planners, and economists is crucial for projecting these long-term costs.
Common Scenarios in Child Pedestrian Cases
Frequent circumstances include children struck near school bus stops (drivers illegally passing stopped buses), accidents in residential driveways and parking lots where children may be playing, and incidents in school zones where drivers fail to observe reduced speed limits. Ice cream truck accidents, where children cross streets excitedly, represent another recurring pattern.
If your child has been injured in a pedestrian accident, seek immediate medical attention and consult with an attorney experienced in child injury cases to ensure all current and future damages are fully documented and pursued.