Child pedestrian accidents in Texas are governed by a mix of traffic laws, negligence rules, and special legal protections that apply specifically to children.
When a driver hits a child, Texas law holds that driver accountable for the harm they caused, and your family has the right to pursue compensation for medical bills, pain and suffering, long-term care, and more.
Who Is Liable When a Driver Hits a Child in Texas?
In Texas, the person whose negligence caused the crash is liable, meaning they are legally responsible for paying for the harm they caused. Most of the time, that is the driver who failed to watch for children, but liability can extend further than you might expect.
Here is who can be held responsible:
- The driver: A motorist who was speeding, distracted, or failed to yield is the most common at-fault party.
- An employer: If the driver was working at the time, think delivery drivers or rideshare drivers, their employer may share liability.
- A property owner: A business or landlord whose property blocked a driver’s sightline near a crosswalk can be partially at fault.
- A government entity: A city or county that failed to install proper signage or maintain a safe crosswalk can also be held responsible.
Texas follows a rule called modified comparative fault. This means your family can still recover compensation as long as your child is found 50% or less responsible for the accident.
What If My Child Ran Into the Street?
Texas law recognizes that children are not held to the same standard as adults. Courts apply different negligence standards to very young children, who generally are not held to the same level of responsibility as adults.
Older children are judged by what a reasonable child of the same age and experience would have done, not what an adult would have done. That said, drivers have a heightened duty to watch for children in neighborhoods, school zones, and parking lots, places where kids are expected to be.
Even if your child made a mistake, the driver may still carry the greater share of fault.
What Texas Laws Protect Children on the Road?
Texas law places strict duties on drivers to protect pedestrians, especially children. When a driver breaks these rules, it becomes powerful evidence of negligence in your civil case.
Key protections under Texas law include:
- Crosswalk right-of-way: Under the Texas Transportation Code, drivers must yield to any pedestrian in a marked or unmarked crosswalk.
- School zone speed limits: Drivers must obey reduced speed limits in active school zones and are prohibited from using handheld cell phones in those areas.
- School bus stops: Drivers must come to a complete stop when a school bus activates its red warning lights.
One law worth knowing specifically is the Lisa Torry Smith Act, which took effect in 2021. This law makes it a criminal offense for a driver to injure a pedestrian in a crosswalk by failing to yield, with penalties that include jail time for causing serious bodily injury.
A criminal charge or conviction against the driver is strong supporting evidence in your family’s civil case.
What Compensation Can Families Recover?
Texas law allows your family to recover two separate types of claims—one for your child’s losses and one for yours as a parent. Here is what each covers.
Your Child’s Damages
- Medical care and future treatment: This includes every medical cost tied to the accident, ER visits, surgeries, physical therapy, and any future care your child will need as they grow. For serious injuries, a life-care planner can project those costs over your child’s lifetime.
- Pain, suffering, and mental anguish: Your child can recover for the physical pain they endured and the emotional trauma that follows, including PTSD, anxiety, and a lasting fear of traffic.
- Scarring, impairment, and disability: If the accident left your child with permanent scars or a physical limitation, they can recover for that disfigurement and for how it will affect their quality of life and future earning ability as an adult.
Your Damages as a Parent
- Medical bills you paid: You can recover the out-of-pocket medical expenses you personally covered for your child’s care.
- Caregiving services: In some cases, parents can recover for the time they spent providing hands-on nursing care to their injured child.
- Wrongful death damages: If your child did not survive, Texas law allows you to file a wrongful death claim to recover for your mental anguish, loss of companionship, and the medical costs incurred before your child’s passing.
What Insurance Covers a Child Pedestrian Accident?
Multiple insurance policies may apply to your case, and identifying all of them early is one of the most important things I do for families.
- Driver liability insurance: The at-fault driver’s bodily injury liability policy is the primary source of recovery. Texas only requires drivers to carry $30,000 per person, which is rarely enough for a serious injury.
- Uninsured/underinsured motorist (UM/UIM) coverage: If the driver had no insurance or not enough, your own auto policy’s UM/UIM coverage can fill the gap, even though your child was on foot, not in a vehicle. Hit-and-run drivers are treated as uninsured.
- PIP and MedPay: Personal Injury Protection (PIP) and Medical Payments coverage (MedPay) are no-fault benefits on your own policy. They pay medical bills quickly, regardless of who caused the crash.
- Hospital liens and health insurance subrogation: Your health insurer and the treating hospital may both have a legal right to be repaid from your settlement. I negotiate these amounts down so your family keeps more of the recovery.
How Do Minor Settlements Work in Texas?
Any settlement involving a child in Texas must be approved by a judge. This process exists to make sure the deal is truly in your child’s best interest, not just convenient for the insurance company.
Court Approval and the Guardian ad Litem
Before a judge signs off on a settlement, the court typically appoints a guardian ad litem—an independent attorney whose only job is to review the settlement and confirm it is fair to your child. This is a required step, not optional.
Where the Money Goes
For smaller settlements, funds are deposited into the court registry and held in an interest-bearing account until your child turns 18. For larger or more complex cases, a structured trust may be created to manage the funds and protect eligibility for government benefits.
Structured Settlements
For children with catastrophic injuries, a structured settlement pays out as a steady, tax-free stream of income over time rather than a single lump sum. This approach ensures funds are available for long-term medical needs and are not spent prematurely.
What Deadlines Apply to Your Child’s Case?
Strict deadlines apply, and missing them can permanently bar your family from recovering anything. That said, the rules work differently for children than they do for adults.
The Child’s Claim
The standard two-year statute of limitations, the legal deadline to file a lawsuit, is paused for minors.
The clock does not start running until your child turns 18, giving them until their 20th birthday to file their own claim.
The Parent’s Claim
Your personal claim as a parent is not paused. You have two years from the date of the accident to file a lawsuit for the damages you personally suffered, such as medical bills you paid.
Government Notice Deadlines
If a city, county, or school district shares fault, you must file a formal notice of your claim within as little as 90 days under the Texas Tort Claims Act. This is far shorter than most people expect, and missing it can eliminate your claim against that entity entirely.
How I Build Your Child’s Case
As an experienced Lubbock pedestrian accident lawyer, I prepare every case as if it is going to trial. That approach puts pressure on insurance companies to settle fairly rather than risk a courtroom loss.
From the moment you call me, I start gathering:
- Police crash reports and any citations issued to the driver.
- Surveillance footage from nearby businesses, traffic cameras, or dashcams.
- Cell phone records to show whether the driver was distracted.
- Vehicle black box data showing the driver’s speed and braking before impact.
- Testimony from accident reconstruction experts who can recreate the crash.
- Medical records and life-care plans that document the full extent of your child’s injuries.
What To Do After a Child Pedestrian Accident
The steps you take in the first 48 hours matter. Here is what I recommend:
At the scene:
- Call 911 and request an ambulance, even if your child seems okay.
- Get the driver’s name, license plate, and insurance information.
- Photograph the scene, the vehicle, and any visible injuries.
- Collect contact information from witnesses before they leave.
Within 48 hours:
- Take your child to a pediatrician or emergency room. Some injuries, like concussions or internal bleeding, do not show symptoms right away.
- Do not give a recorded statement to the at-fault driver’s insurance company. They are not on your side.
In the weeks ahead:
- Follow all medical advice and attend every follow-up appointment.
- Keep a file of every bill, receipt, and document related to the accident.
- Do not sign anything from an insurance company before speaking with me.
Why Families Choose Perrin Law PLLC Injury & Accident Lawyer
I help injured Texans and their families recover the compensation they deserve. I have handled serious injury and wrongful death cases, and I bring that same preparation and commitment to every child pedestrian case I take on.
When you work with me, you work directly with me, not a case manager or a junior associate. I take cases on a contingency fee basis, which means you pay nothing unless I win. Call Perrin Law PLLC Injury & Accident Lawyer today for a free consultation, and let me put my experience to work for your family.
Frequently Asked Questions
Can a Driver Be Criminally Charged for Hitting a Child in a Crosswalk in Texas?
Yes. Under the Lisa Torry Smith Act, a driver who fails to yield in a crosswalk and injures a pedestrian can face criminal charges, including a state jail felony for serious bodily injury.
Does UM/UIM Coverage Apply If My Child Was Hit as a Pedestrian?
Yes. Uninsured and underinsured motorist coverage on your auto policy can apply to pedestrian accidents, including hit-and-run crashes, even though your child was not in a vehicle.
Will My Child Have to Testify in Court?
Most cases settle before trial, so your child is unlikely to need to testify. If testimony becomes necessary, courts have procedures specifically designed to protect children and reduce their stress during the process.
How Long Does a Child Pedestrian Accident Case Take to Resolve?
Every case is different, but cases involving children often take longer because settlements must be court-approved. More complex injuries also require more time to fully document before reaching a fair resolution.
What Happens to the Settlement Money Until My Child Turns 18?
Funds from a minor’s settlement are either held in the court registry or placed in a court-approved trust, depending on the size of the settlement, and are protected until your child reaches adulthood.