What Should I Do if My Child Is Hit by a Car While Crossing the Street in Texas?

Your son or daughter was crossing the street. A driver hit them. Your child is in the hospital, in a cast, in a bed, recovering from something that should never have happened. The world is upside down. The phone won’t stop ringing. The driver’s insurance company is calling. The school is asking questions. Family members keep checking in. Somewhere in the middle of all of this, you have to figure out how to handle the legal piece, the medical piece, and the financial piece while staying focused on your child. The good news is that Texas treats child pedestrian cases differently than adult cases, and the differences almost all work in favor of your son or daughter. The statute of limitations is longer. Comparative fault doctrines work differently for kids. Damages categories include things adult cases don’t capture. And the parents have legal standing to handle the case on the child’s behalf.
Cases involving injured children require the kind of careful, patient work that comes from decades of family-focused practice. Adley Law Firm has handled cases involving sons and daughters of Houston families since 1994. Kevin Adley is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a credential held by fewer than 2% of the state’s attorneys. The credential reflects the courtroom experience that complex child injury cases sometimes require. The firm handles the full range of Houston pedestrian accident matters including child cases and broader personal injury work. Call us at (713) 999-8669 for a free consultation.

What Makes Texas Child Pedestrian Cases Different From Adult Cases

Texas law treats children differently than adults in several important ways that affect pedestrian injury cases. The differences reflect the legal system’s recognition that children process the world differently than adults, that they have less capacity to protect themselves, and that the consequences of their injuries unfold over much longer time horizons. Each of these differences typically helps your son or daughter’s case.

How Often Children Get Hit As Pedestrians In The U.S.

CDC and Federal Highway Administration data tracks child pedestrian injury patterns. The data reveals that child pedestrian injuries are common, that they cluster in specific time windows and locations, and that the substantial majority are non-fatal injury cases rather than fatalities. Understanding the broader pattern helps parents recognize that their family’s situation, while devastating, is one that happens to many other Texas families each year.

The 67,000 annual child pedestrian injuries vastly outnumber the 700 fatalities, meaning the substantial majority of child pedestrian crashes are non-fatal injury cases. Your son or daughter is one of the many children each year whose case proceeds through medical treatment, recovery, and the legal process. The patterns also reveal that the 3-7 PM window (when kids walk home from school) is one of the highest-risk times. Many child pedestrian cases happen during this exact window, often within blocks of school or home.

The Damages Categories That Apply To Your Child’s Case

Texas allows multiple damages categories in child pedestrian cases, with several categories being particularly significant for children because of the longer time horizon over which the injuries play out. Knowing what to ask for is essential because most parents call thinking only about medical bills, when several other categories often constitute the larger share of the eventual recovery.

Steps Parents Take After A Houston Son Or Daughter Pedestrian Crash

Houston Parents Of Injured Children Pedestrian FAQs

How Long Do We Have To File A Lawsuit For Our Child?

Texas extends the statute of limitations for minors. The clock generally doesn’t start running until your child turns 18, giving them until their 20th birthday to file. This is longer than the two-year deadline that applies to adults. However, practical evidence-preservation deadlines (cameras, witnesses, physical evidence) are still short, so opening the case early still matters.

Can My Child Be Found At Fault For The Crash?

Texas courts treat children differently than adults for fault analysis. Very young children (typically under 7) generally can’t be contributorily negligent at all. Older children may face some fault analysis, but the standard is what a similar-aged child would do, not what an adult would do. Most child pedestrian cases find substantial driver fault even when older children behaved imperfectly.

What If My Son Or Daughter Wasn’t In A Crosswalk?

Texas comparative fault still applies, but the analysis for children is different than for adults. A child crossing in a residential area where they live, walk to school, or play normally is doing what children do. Drivers in residential areas are required to drive at speeds that allow them to avoid hitting children. The fault analysis usually favors the child even when they were technically outside a crosswalk.

Who Pays Our Child’s Medical Bills During The Case?

Typically a combination of PIP coverage (on your auto policy), your health insurance (during ongoing treatment), and hospital charity care (when applicable). The driver’s liability insurance usually pays at settlement, not during treatment. Your attorney can also issue letters of protection to specialist providers if needed.

Do We Have To Go To Court For Our Child’s Case?

Sometimes, but not always. Texas requires court approval for settlements involving minors under Property Code Chapter 142 or similar provisions. This usually involves a short hearing where the judge confirms the settlement is in the child’s best interest. The protection ensures the settlement is fair and that the proceeds are managed properly for the child’s benefit.

When Will Our Child Actually Receive The Money?

Texas law protects minor settlements until the child reaches adulthood. Settlement proceeds typically go into a structured settlement, registry account, or similar protected vehicle that holds the money until the child turns 18. Some funds may be available earlier for documented medical, educational, or other needs related to the injury. The structure protects the child from premature spending of their compensation.

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