Was your child hit by a car in Arizona? Call us now or request a free case review before you speak with the driver’s insurer.
Short answer
If a child is hit by a car while crossing the street in Arizona, a personal injury lawyer can pursue compensation for the child’s medical care, future needs, pain, and emotional trauma, and for the parents’ related costs. Drivers must use reasonable care around pedestrians, and extra caution when children are present. [A.R.S. 28-792 to 28-794] Claims involving minors follow special rules, including who files the claim, how long the filing clock runs, and whether a court must approve a settlement. Get your child medical care first, then preserve evidence, and do not give a recorded statement to an insurer before speaking with a lawyer.
Key facts
- Medical care first: some injuries in children, such as concussions and internal injuries, appear hours or days later. Follow up with a pediatrician even if your child seems fine.
- Who can be responsible: the driver, and in some cases a property owner, a business, an employer of the driver, a government entity, or a manufacturer.
- Filing deadline for minors: for most personal injury claims the deadline is generally 2 years, but Arizona may pause the clock for a child until age 18. Do not rely on this without legal advice, because the parents’ own claims may not be paused. [A.R.S. 12-502; A.R.S. 12-542]
- Parents’ claim: parents may have a separate claim for the child’s medical bills and related costs.
- Court approval: settlements for minors often need court approval to be binding.
- Fault rule: pure comparative fault. Recovery can be reduced by a percentage of fault, and how that applies to a child depends on the child’s age and circumstances.
- Damage caps: none on injury damages under the Arizona Constitution.
- Government claims: claims against a city, county, or state have much shorter notice deadlines. [A.R.S. 12-821.01]
- Evidence that disappears fast: business and traffic camera video, doorbell and dashcam footage, and the car’s event data recorder.
What should I do in the first 48 hours after my child is hit by a car?
- Call 911, report the crash, and ask for police and medical help. [A.R.S. 28-667]
- Get your child examined the same day, even if injuries look minor, and follow up with a pediatrician.
- Photograph the scene, the crosswalk, signs, signals, vehicle positions, skid marks, and your child’s visible injuries.
- Get the driver’s name, phone number, license, plate, and insurance information.
- Get names and phone numbers of witnesses, including crossing guards, neighbors, and nearby businesses.
- Write down what your child remembers, in their own words, and avoid leading questions.
- Ask nearby homes and businesses to save camera footage right away, because many systems overwrite within days.
- Keep your child’s clothing, backpack, bike, scooter, or other items as evidence.
- Do not give a recorded statement to any insurer, and do not post about the crash on social media.
- Ask a lawyer to send preservation letters for video, vehicle data, and phone records.
Who can be held responsible when a child is hit by a car?
| Possible responsible party | Common examples | Notes |
|---|---|---|
| The driver | Speeding, distraction, failing to yield at a crosswalk, failing to slow near children, driving impaired | Drivers must use due care around pedestrians. [A.R.S. 28-792 to 28-794] |
| The driver’s employer | Delivery, rideshare, or company vehicle crashes | The employer may also be responsible when the driver was working. |
| A property owner or business | A blocked view, unsafe driveway, or parking lot exit | Premises liability rules apply. |
| A government entity | Unsafe crosswalk, missing signage, malfunctioning signal, poor lighting | Special notice deadlines apply. [A.R.S. 12-821.01] |
| A school or bus operator | Unsafe drop-off or pick-up areas, bus stop hazards | Depends on the facts and who controlled the area. |
| A vehicle or equipment manufacturer | Defective brakes or other defects, in rare cases | Requires expert review. |
How is a child’s fault treated in Arizona?
Insurers sometimes argue that a child darted into the road or crossed outside a crosswalk. Arizona courts generally do not hold young children to the same standard as adults, and the driver’s speed, attention, and ability to see a child still matter. [VERIFY: Arizona standard for a minor’s comparative fault, including any age-based rules] Under pure comparative fault, even if some fault were assigned, recovery is reduced by a percentage rather than barred. [A.R.S. 12-2505] An insurer’s fault percentage is a negotiating position, not a verdict.
What evidence helps prove the driver was at fault?
| Evidence | What it can show | Time sensitivity |
|---|---|---|
| Scene photos and measurements | Crosswalk location, signs, sight lines, lighting, skid marks | Scene changes within hours |
| Traffic, business, and doorbell video | The crash, signal phase, driver speed and conduct | Often overwritten within days |
| Dashcam video | Driver behavior before impact | Save and back up immediately |
| Car event data recorder | Speed, braking, and throttle | Lost if the car is repaired or sold |
| Witness statements | Whether the driver slowed, looked, or yielded | Memory fades quickly |
| 911 audio and police report | Timeline, officer observations, citations | Request promptly |
| Phone records | Distraction at the time of the crash | Requires a preservation letter and legal process |
| Medical records and pediatric follow-up | Link between the crash and your child’s injuries, and future needs | Start treatment promptly |
What arguments do insurers make after a child pedestrian crash?
| What the insurer may say | Evidence that can answer it |
|---|---|
| “The child darted into the road.” | Video, driver speed data, sight line photos, and proof the driver had time to see and stop |
| “The child was not in a crosswalk.” | Whether the driver still had a duty of care, plus the location of nearby crossings and signs |
| “The driver could not see the child.” | Reconstruction showing what a careful driver would have seen and when |
| “The injuries are not that serious.” | Prompt medical records, imaging, and pediatric specialist opinions |
| “The child’s symptoms are unrelated.” | A clear timeline of symptoms and a doctor’s explanation |
| “The parents were not supervising.” | Rules on parental fault and the facts of the crossing. |
How do claims for minors work in Arizona?
A child cannot usually bring a lawsuit alone. A parent or guardian files on the child’s behalf. [VERIFY] Key points to ask a lawyer about:
- Two claims: the child’s own claim for injuries, pain, and future needs, and the parents’ claim for medical bills and related costs. They can have different deadlines.
- Filing clock: Arizona may pause the filing deadline for a child’s own claim until age 18, but waiting is risky because evidence is lost and the parents’ claim may not be paused. [A.R.S. 12-502]
- Court approval: a settlement for a minor often needs court approval to protect the child.
- Protecting the money: funds for a child may be placed in a restricted account, a trust, or a structured settlement until the child is older.
What damages can be claimed when a child is hit by a car?
- Medical care: emergency care, surgery, hospital stays, rehabilitation, medication, and devices
- Future medical care: treatment the child may need as they grow, including therapy and follow-up surgery
- Counseling and mental health care: for trauma, anxiety, and fear of crossing streets
- Parents’ costs: medical bills, missed work, caregiver costs, and travel to treatment
- Education impact: missed school, tutoring, and learning support
- Non-economic damages: pain and suffering, scarring, disfigurement, and loss of enjoyment of normal childhood activities
- Wrongful death: if a child died, eligible family members may bring a separate claim with its own deadline [A.R.S. 12-611 to 12-613]
Arizona does not cap injury damages, but the amount you can collect is also limited by the insurance and assets available. Your own uninsured and underinsured motorist coverage and medical payments coverage may matter. For more on valuation, see What is my Arizona personal injury case worth.
Who pays the medical bills while the claim is pending?
Options may include health insurance, medical payments coverage on an auto policy, or treatment arranged under a lien. Each option has trade-offs, and health plans or AHCCCS may have reimbursement rights. Ask a lawyer before agreeing to any lien or reimbursement.
What if the driver left the scene or has no insurance?
Report a hit-and-run to police immediately and preserve any video, witness accounts, or vehicle parts left behind. Uninsured motorist coverage may apply, and other responsible parties may exist. Notify your own insurer promptly, because policies have notice requirements.
What if the insurer’s offer is low?
Early offers often count only current bills and leave out future care and long-term effects on a growing child. Do not sign a release until your child’s doctors know the long-term outlook. See Why is my settlement offer lower than expected.
How do I prove the driver was negligent?
You must show the driver owed a duty of care, breached it, caused the injuries, and that damages resulted. See How to prove the other driver was negligent. If an insurer is blaming a child or parent, see Insurer blames me for the crash.
When should I hire a lawyer?
Consider calling a lawyer if your child was injured, fault is disputed, the insurer asks for a recorded statement, a settlement offer arrives, a commercial or government vehicle or property was involved, or the driver left the scene. A lawyer can preserve evidence, handle insurer communications, and explain the court process for minors.
How to choose a lawyer for a child pedestrian accident
Ask these questions:
- Does the firm handle pedestrian and child injury cases regularly?
- Who will manage my case day to day?
- Do you work on contingency, and what costs might I owe?
- Will you send preservation letters for video and vehicle data right away?
- Do you explain how court approval and protection of a child’s settlement work?
- Are you prepared to take the case to court if the insurer will not make a fair offer?
How Kash Legal helps families after a child is hit by a car
Our process starts with preserving evidence and investigating, then valuing the child’s full long-term needs, then negotiating with the insurer. We handle insurer communications so your family can focus on your child’s recovery. We prepare cases as if they may go to court, which gives us leverage in negotiation. If an adequate offer is not made, we are prepared to take the case to court. We do not quote a value before reviewing your records.
FAQ
What should I do if my child is hit by a car in Arizona?
Call 911, get your child examined the same day, photograph the scene, collect witness and driver information, and ask nearby businesses to save video. Speak with a lawyer before giving a recorded statement to an insurer.
Who is at fault when a car hits a child crossing the street?
Often the driver, if they were speeding, distracted, or failed to yield or slow near a child. Fault depends on the facts, and a young child is not necessarily held to an adult standard.
Can a young child be blamed for a crash?
Rules vary by age and circumstances. Insurers may still argue it, and evidence about the driver’s conduct matters.
What if my child was not in a crosswalk?
A driver still must use reasonable care to avoid hitting a pedestrian, so you may still have a claim. Fault can be shared. [A.R.S. 28-793, 28-794]
How long do we have to file a claim for a child?
The usual deadline is generally 2 years, but Arizona may pause the clock for a minor’s own claim until age 18. Parents’ claims may follow different rules, so speak with a lawyer promptly. [A.R.S. 12-502; A.R.S. 12-542]
Does a settlement for a child need a judge?
Often yes. Court approval helps protect the child’s recovery.
Can parents recover medical bills too?
Parents may have a separate claim for the child’s medical expenses and related costs.
Who pays the medical bills now?
Health insurance, medical payments coverage, or treatment arranged under a lien may apply. Ask a lawyer about your options before agreeing to a lien.
What if the driver left the scene?
Report it to police at once and preserve any video. Uninsured motorist coverage may help.
What if the driver was working or in a company vehicle?
The employer may also be responsible.
Is there a cap on damages in Arizona?
No cap on injury damages under the Arizona Constitution, but available insurance limits collectible amounts. [Ariz. Const. art. 2, sec. 31]
Should I talk to the driver’s insurance company?
You can report the crash, but speak with an attorney before giving a recorded statement.
How much does a child injury lawyer cost?
We work on contingency, so you owe no fee unless we recover compensation for you.
Get a free evaluation of your child’s Arizona pedestrian accident claim
Not sure who is responsible? Let us review what happened. Our team will look at what you have, tell you what is missing, and explain your options in plain English or Spanish.
- Free and confidential: your case evaluation costs nothing, and what you share stays private.
- No fee unless we recover: we work on a contingency fee, so you owe no fee unless we recover compensation for you.
- Spanish-language service: hablamos español. Servicio en español disponible.
- Act quickly: video and vehicle data can be overwritten in days, and injury claims have filing deadlines.
Call us now or request your free case review here.
