Children hit while walking are treated with special care under California law. Drivers owe heightened attention in school zones and near children, and the deadline to file is paused while the injured child is a minor — the statute of limitations is tolled under Code of Civil Procedure § 352.
Heightened driver duty near children
Drivers must always yield to pedestrians in crosswalks under Vehicle Code § 21950, and must use extra caution where children are present, such as school zones, parks, and residential streets. Children can be unpredictable, and the law expects drivers to account for that.
Fault is judged differently for kids
A young child is generally not held to an adult's standard of care. That affects how comparative fault is applied, often placing more responsibility on the driver.
| Issue | For a child pedestrian |
|---|---|
| Standard of care | Measured against a child of similar age, not an adult |
| Filing deadline | Generally tolled during minority (CCP 352) |
| Settlement | Court approval typically required for a minor |
The law does not expect a seven-year-old to judge traffic like a grown driver should.
Extra time, special handling
Because the deadline is tolled while the child is a minor, families often have more time than they expect — but earlier action preserves evidence. A minor's settlement also generally needs court approval. A free, confidential consultation can guide a family through a child pedestrian claim.
Frequently Asked Questions
Is there more time to file a claim for an injured child?
Are children held to the same fault standard as adults?
Do drivers owe extra care near schools?
Does a child's settlement need court approval?
Should we still act quickly even with more time?
Who can bring the claim for a child?
What if the child was partly at fault?
What should I do after my child is hit?
Have a question about your situation?
Our California personal injury attorneys offer free, confidential consultations.
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