Children and Pedestrian Accidents: A Growing Concern
According to the National Highway Traffic Safety Administration (NHTSA), approximately 800 children under 15 are killed in pedestrian accidents each year in the United States, with thousands more suffering serious injuries. Children aged 5 to 9 are at the highest risk because they lack the cognitive development to judge vehicle speed and distance.
Children are unpredictable. They dart into streets, chase balls, and don't understand traffic patterns. But the legal system recognizes this — and holds drivers to a higher standard of care in areas where children are likely to be present.
Where Child Pedestrian Accidents Happen Most
The most common locations for child pedestrian injuries include: Residential neighborhoods — driveways, cul-de-sacs, and streets near homes account for the majority of child pedestrian accidents. School zones — despite reduced speed limits, school-zone accidents remain a leading cause of child pedestrian injuries. Parking lots — small children are difficult for drivers to see, especially when backing up. SUVs and trucks have significant blind spots. Parks and playgrounds — children running between parked cars or crossing streets near recreational areas. Bus stops — children crossing in front of or behind school buses.
Legal Standards: The 'Attractive Nuisance' and Child Standard of Care
The law applies a different negligence standard to children. Rather than the 'reasonable person' standard used for adults, children are held to the standard of a 'reasonable child of similar age, intelligence, and experience.' This means a 6-year-old who runs into traffic is not considered negligent the way an adult would be. Drivers are expected to exercise greater caution in areas where children are likely to be present — near schools, parks, residential neighborhoods, and ice cream trucks.
Pursuing a Claim on Behalf of a Minor
When a child is injured, the parent or legal guardian files the claim on the child's behalf. Key considerations include: Statute of limitations: Most states toll (pause) the statute of limitations for minors. In many states, the clock doesn't start until the child turns 18, giving them until age 20 (in a 2-year state) to file. However, there are important exceptions — claims against government entities (school districts, city buses) still have short filing deadlines. Court approval of settlements: Any settlement on behalf of a minor must be approved by a judge to ensure it's fair. The funds are typically held in a blocked account or structured settlement until the child reaches 18. Damages: Children's claims can include medical expenses, future medical care, pain and suffering, emotional trauma, and — in severe cases — loss of future earning capacity.
What to Do If Your Child Is Hit by a Car
1. Call 911 immediately — even if the child appears uninjured, internal injuries are common and may not be immediately apparent. 2. Do not move the child unless they are in immediate danger. 3. Document the scene — take photos of the location, the vehicle, skid marks, and any traffic signals. 4. Get witness contact information. 5. File a police report. 6. Take the child to a pediatric emergency room for a full evaluation. 7. Contact a personal injury attorney before speaking with the driver's insurance company.
If your child has been injured in a pedestrian accident, Bond Legal provides compassionate, experienced representation to protect your family's rights. Call (866) 423-7724 for a free consultation.
