California law imposes a heightened duty of care on drivers in areas where children are likely to be present, including residential neighborhoods, parks, playgrounds, and community centers. It also does not hold children to the same standard of care as adults: a child’s conduct is evaluated against what a reasonably careful child of the same age, intelligence, and experience would have done. These legal distinctions shape every aspect of how a minor pedestrian accident case is built and pursued.
Since 1995, Attorney Sean Salamati has represented injured children and their families throughout Los Angeles, securing multi-million dollar settlements and verdicts in complex personal injury cases. A free consultation with Salamati Law can help you understand your legal options.
Why Are Children More at Risk in Pedestrian Accidents?
Children navigate the world differently from adults, and those differences translate directly into elevated risk. Younger children often cannot accurately judge vehicle speed or distance. They may dart into the street without looking, assume a driver has seen them, or lose focus mid-crossing. These are predictable features of child development, and why California law holds drivers to a higher standard of care when children may be present.
In addition, distracted and speeding drivers frequently fail to slow down in residential neighborhoods and near parks. Poor infrastructure, such as missing sidewalks, faded crosswalk markings, and poorly timed pedestrian signals, leaves young pedestrians with little margin for error. And a child’s smaller stature makes them significantly less visible to drivers of SUVs and large trucks.
When these factors converge, the consequences can be severe.
How Does California Law Treat Injured Minors Differently?
California law applies distinct rules when a minor is injured; governing how fault is assessed, who can bring a claim, and how any recovery is protected.
California Gives Injured Minors More Time to File
In most personal injury cases, California requires that a claim be filed within two years of the accident. A parent or guardian may file on the child’s behalf at any time during minority, and in most cases, filing promptly is the right approach.
Evidence fades, witnesses become harder to locate, and insurance carriers become less cooperative over time. If no claim has been filed by the time the child turns 18, the two-year deadline begins to run at that point, giving them until their 20th birthday to file.
A Guardian Ad Litem May Be Required
When a parent files a claim on a child’s behalf, California courts typically require the formal appointment of a guardian ad litem to oversee the litigation and any settlement.
In most cases, the guardian ad litem is the parent themselves, but the appointment is a distinct legal step that gives the court oversight authority over the proceedings. Any settlement reached on a minor’s behalf may also require court approval to confirm it fairly serves the child’s interests.
Comparative Fault Is Applied Differently to Children
California follows a pure comparative fault rule, meaning fault can be apportioned among multiple parties. When a child is involved, courts do not apply the adult standard of care. Under California Civil Jury Instruction 402, a child is held to the standard of a reasonably careful child of the same age, intelligence, knowledge, and experience.
A driver who strikes a child who ran into the street may still bear significant liability, even if the child’s conduct contributed to the accident. Where the accident occurred matters: a driver near a park, playground, residential neighborhood, or after-school center is expected to anticipate that children may enter the roadway unexpectedly.
That foreseeability heightens the driver’s duty of care and weighs heavily in any comparative fault analysis.
How Families Can Pursue Compensation on Their Child’s Behalf
When a negligent driver harms a child, parents and guardians have the legal standing to bring a claim on their behalf. Taking the following steps as early as possible can protect that claim:
- Request a copy of the police report as soon as it is available
- Preserve all medical records from the outset, e.g., emergency room reports, imaging, diagnoses, and follow-up care
- Obtain the at-fault driver’s insurance and contact information if not already documented by law enforcement
- Note the names and contact information of any witnesses
- Avoid giving recorded statements to the at-fault driver’s insurance carrier before consulting an attorney. These statements can be used to limit your recovery.
Consulting an Attorney
Insurance carriers representing the at-fault driver will begin building their case quickly. An attorney experienced in pedestrian accidents involving minors can intervene early by preserving evidence, handling communications with insurers, and ensuring the claim is properly structured before any deadlines pass.
Because settlements involving minors require court approval in California, having counsel who understands both the litigation and the procedural requirements protects the child’s long-term interests, not just the immediate outcome.
Our Los Angeles pedestrian accident lawyers have represented injured children and their families throughout Los Angeles for nearly three decades.
What Types of Injuries Do Children Commonly Suffer?
Because children’s bodies are still developing, the injuries they sustain in pedestrian accidents can carry consequences that extend well beyond initial treatment. A fracture that heals cleanly in an adult can disrupt a child’s growth plates, affecting bone development long-term. A concussion that appears mild at first may affect cognitive development, behavior, or academic performance for years.
Child pedestrian accident injuries include:
- Traumatic brain injuries (TBI) and concussions
- Broken bones, including growth plate fractures
- Spinal cord injuries
- Internal organ damage
- Lacerations, road rash, and scarring
- Psychological trauma, including post-traumatic stress disorder (PTSD)
Some injuries, particularly brain trauma and internal damage, may not present obvious symptoms immediately. Early medical evaluation is important both for the child’s health and for documenting the full extent of harm.
Potential Compensation
When another party’s negligence puts a child in the hospital, families are often left facing bills they never anticipated. A personal injury claim can’t undo what happened, but it can help ease the financial burden.
Depending on the circumstances, compensation from a successful claim may cover:
- Current and future medical expenses, including surgeries, rehabilitation, and ongoing care
- Pain and suffering endured by the child
- Emotional distress and psychological trauma
- Lost future earning capacity if the injuries affect the child’s long-term development
- Parents’ out-of-pocket losses, including time away from work to provide care
The sooner you speak with an attorney, the sooner you’ll have a clear sense of what your family may be entitled to. An initial consultation at Salamati Law costs nothing and puts you in a much better position to make informed decisions about what comes next.
Schedule a Free Consultation at Salamati Law
If your family was impacted by a minor pedestrian accident in Los Angeles, you don’t have to navigate this alone. Contact us for a free, no-obligation consultation. Since we work on a contingency fee basis, there are no fees unless we recover compensation for your losses.
