Home » Blog » Can I File a Claim in California if My Child Was Hit While Walking or Biking?
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Last Modified on Oct 26, 2026
Yes, you may be able to file a claim in California if your child was hit while walking or biking.
Our dedicated personal injury lawyers at Bentley & More LLP handles catastrophic injury and government liability claims, and a short conversation can tell you where your child’s case stands.
Key Takeaways
- California judges a child’s conduct against what other kids their age would do, not against an adult standard.
- Kids under five generally cannot be found negligent in California.
- Your child’s own filing deadline is generally paused until they turn 18, but claims against a government entity run on a much shorter clock.
- Any settlement for a minor needs a judge’s sign-off before the money can be paid out.
How Does California Treat a Child’s Own Actions in the Crash?
Under CACI No. 402, California’s standard jury instruction on the care expected of minors, a child must use only the care that a reasonably careful child of the same age, intelligence, and experience would use. A child is not held to the care of an adult. The courts have held that children under five are incapable of contributory negligence as a matter of law.
Drivers also owe extra caution to children. Under CACI No. 412, Duty of Care Owed Children, adults must anticipate ordinary childlike behavior and use more care around children than they would around other adults.
This does not mean every crash is automatically the driver’s fault, but it means a child-pedestrian attorney can push back when an adjuster tries to blame a child.
How Long Do You Have to File a Claim for Your Child?
Under Cal. Civ. Proc. Code § 352, the filing clock for a minor’s own claim is generally paused until their 18th birthday, giving them until age 20 to sue a private driver. Your own claim as a parent does not get that pause. You generally have two years from the crash date to pursue compensation for your child. When collisions involve automobiles or larger passenger vehicles, navigating the rules surrounding motor vehicle collisions is essential to preserving critical roadway evidence.
What If a School, City, or Government Vehicle Was Involved?
Under Cal Gov’t Code § 911.2, a claim for injury against a public entity must be presented within six months of the incident, and this deadline is not paused by a child’s age. A late claim application can sometimes still be filed. These specialized procedural requirements also apply if the municipal fleet vehicle or municipal transport involves a rideshare vehicle operating under local contract.
How Does a Settlement for a Child Actually Get Paid Out?
Under Cal. Prob. Code § 3500, a parent may negotiate a minor’s claim, but it’s valid only after superior court approval. Courts often direct that funds go into a blocked account, earning interest until the child turns 18. Working with a law firm that regularly resolves severe collisions allows parents to secure skilled advocacy from an experienced bicycle accident lawyer who can keep the case moving instead of stalling in court.
Frequently Asked Questions
Can my child sue the driver who hit them while they were walking or biking?
Yes, through a parent or guardian ad litem, since a minor cannot sue alone in California. The claim can cover medical costs, pain, and lasting limitations. An attorney typically starts by evaluating the crash and the driver’s insurance coverage. In the most tragic collisions where injuries prove fatal, surviving family members may also need to discuss options for a wrongful death lawsuit.
Will my child be blamed for the accident if they ran into the street?
Not automatically. Courts judge a child’s actions against what a reasonably careful child of the same age would do, and kids under five cannot legally be found negligent. An attorney may be able to show the driver had time to see and avoid your child.
What happens if the crash happened in a school crosswalk or near a bus stop?
That can point to a claim against a school district or city, running on a strict six-month deadline under California’s Government Claims Act, regardless of your child’s age. Contact an attorney right away if a public entity may be involved.
Do I need a lawyer to settle my child’s injury claim?
A lawyer is not legally required, but any settlement needs a judge’s approval. An attorney can prepare the petition, explain the blocked account process, and pursue a fair recovery.
Bentley & More LLP: A California Child Injury Claim Law Firm
Settling a minor’s claim in California means navigating court approval, blocked accounts, and sometimes a six-month government deadline. Handling these pieces correctly from the start keeps a fair settlement from being delayed or rejected.
Bentley & More LLP works with families on catastrophic injury and government liability claims. A consultation costs nothing, and it can quickly tell you whether a deadline is already running on your case. Contact us today to discuss what happened and what your child’s claim may be worth.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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