Your child was out trick-or-treating, and a car came around the corner too fast. Now you are in an emergency room trying to understand who is responsible. This guide walks you through what drivers owe children on Halloween night, whose insurance pays, and what to do in the first few days.
The short answer
Drivers in California must watch for pedestrians, slow down for conditions, and expect children to act like children. A child is judged by what a reasonable child of the same age would do, not by adult rules, so "the kid ran out" is rarely the end of the story. The driver's liability insurance pays first. If the driver has no insurance, too little insurance, or drives away, your own auto policy's uninsured motorist coverage and medical payments coverage may step in, even though your child was on foot. Any settlement for a minor must be approved by a court.
What does a driver owe trick-or-treaters?
More than most drivers think. Vehicle Code 21950 requires drivers to yield to pedestrians in marked and unmarked crosswalks, and it requires drivers to slow down and take extra care around pedestrians in any crosswalk.
The basic speed law, Vehicle Code 22350, goes further. It says no one may drive faster than is safe for the conditions. On Halloween night the conditions are obvious: darkness, costumes, masks that block side vision, kids crossing in groups, and parked cars lining residential streets. A driver going 25 in a 25 zone can still be driving too fast for a street full of children.
Drivers backing out of driveways, turning without looking, or coming home from parties are common in these cases. If alcohol played a part, tell the officer.
What if my child darted out into the street?
This is the first thing the driver's insurer will say. It does not decide the case.
California law does not hold children to adult standards. A child's conduct is measured against what a reasonable child of similar age, intelligence, and experience would do. A seven-year-old in a dinosaur costume is not expected to judge traffic like a commuter. Drivers, on the other hand, are expected to know that children are unpredictable, especially on a night when the whole neighborhood is out on foot.
California also uses comparative fault. Even if some share of blame lands on the child, the claim is reduced by that share, not wiped out. Our guide to being partly at fault in California explains how that math works.
Insurers sometimes hint that a parent should have been holding the child's hand. In general, a parent's lapse is not charged against the child's own claim.
Whose insurance pays?
Think of it in layers.
- The driver's auto liability insurance. This is the main source. California's minimum limits are $30,000 per person and $60,000 per accident since 2025. Many drivers carry only the minimum, and a serious injury to a child can exceed it.
- Your own uninsured or underinsured motorist coverage. Under Insurance Code 11580.2, uninsured motorist coverage protects people insured under your policy, which usually includes family members in your household, even when they are walking. It can apply if the driver had no insurance, too little insurance, or fled.
- Your own medical payments coverage. Many auto policies include med-pay that covers household members hurt as pedestrians, regardless of fault. It can pay hospital bills quickly.
- Health insurance or Medi-Cal. These pay medical bills now and may ask to be reimbursed from any later recovery.
Using your own coverage after someone else hurt your child is not a claim against you. It is protection you already paid for.
What if the driver drove away?
Call 911 right away and give every detail you can: color, make, plate fragments, direction, damage to the car. Ask neighbors for doorbell and security camera footage that same night, before it records over.
For uninsured motorist coverage to apply in a hit-and-run, California generally requires that the crash be reported to the police within 24 hours and to your insurer within 30 days. Do both, even if you are still at the hospital. A family member can make the calls.
What should I do tonight and this week?
- Get medical care and keep every record. Children may not describe pain clearly. Head injuries, internal injuries, and fractures can look minor at first.
- Get the report number. In the City of Los Angeles, street crashes usually go to the LAPD. Get the officer's name and badge number.
- Photograph everything. The street, the lighting, the crosswalk or corner, the car, the costume, and your child's injuries over the following days.
- Write down witness names and numbers. Other parents on the block are often the best witnesses.
- Keep the costume and shoes. Do not wash or throw them out.
- Do not give the driver's insurer a recorded statement, and do not let anyone speak to your child about the crash for the insurer.
If your family is in Los Angeles or anywhere in Southern California, our pedestrian accident lawyers can step in before the adjuster starts asking questions. A free case review takes a few minutes.
Deadlines for a child's injury claim
Most injury claims in California follow Code of Civil Procedure 335.1, which sets a two-year deadline to file a lawsuit. For a minor, the clock on the child's own claim is generally paused until the child turns 18. Do not rely on that pause. Parents' own claims, such as for the medical bills they paid, can run on the regular two-year clock, and evidence fades fast.
The biggest trap is a government vehicle or a dangerous public street. If a city truck, a school bus, a broken streetlight, or a hidden crosswalk played a part, a written claim to the government agency is usually due within six months. Our guide to the California statute of limitations covers both deadlines.
Why a court has to approve a child's settlement
In California, a minor cannot sign away an injury claim, and a parent cannot do it alone either. Any settlement for a child goes to a judge in a process called a minor's compromise. The court reviews the amount, the fees, and the medical liens, and it usually orders the money held in a blocked account or a structured annuity until the child turns 18.
Be wary of any adjuster who offers a quick check and a release in the first few weeks.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.
Keep reading
- Pedestrian Accidents: how we handle these cases
- Injury lawyers serving Los Angeles
- Car Accident in the San Fernando Valley: Van Nuys, Sherman Oaks, North Hollywood
- How Much Does a Personal Injury Lawyer Cost in California? (2026)
- Rear-End Accident Settlements in California: What Actually Decides the Number
- Start your free case review