Key Takeaways
- If a child is hit while walking to school, their family may pursue a personal injury claim against the at-fault driver or other responsible parties.
- Georgia law allows parents to recover compensation for their child’s medical bills, pain, trauma, and future care needs.
- In some cases, school districts or municipalities may share liability if poor infrastructure or supervision played a role.
Is the driver automatically at fault in a child pedestrian accident?
Not automatically—but Georgia law holds drivers to a higher duty of care in school zones, crosswalks, and residential areas. If a driver:
- Speeds in a school zone
- Fails to yield at a crosswalk
- Drives distracted (e.g., texting)
- Passes a stopped school bus
—they may be considered negligent, even if the child didn’t cross at a marked crosswalk.
Children are viewed as less able to recognize traffic danger, and courts often give them the benefit of the doubt in liability assessments.
What compensation can families seek after a school-zone crash?
Parents or legal guardians can file a claim for:
- Medical bills (current and future)
- Surgery or rehabilitation costs
- Pain and suffering
- Emotional trauma
- Long-term disability or disfigurement
- Loss of normal childhood development
If the child is killed, the family may also pursue a wrongful death claim—which can cover funeral expenses, loss of companionship, and other damages.
Can the school or city be held responsible?
Sometimes, yes. Other parties may share fault if:
- School staff failed to monitor crosswalks or bus drop-offs
- There were no crossing guards or visible signage in high-risk zones
- The city failed to repair broken traffic lights or install school-zone warnings
- Crosswalks were faded, missing, or placed in dangerous locations
These are called third-party liability claims, and they require careful investigation. In Georgia, public entities have shorter deadlines for filing claims—sometimes just 6 months, so time is critical.
How does the claim process work if the victim is a minor?
Under Georgia law, minors (under age 18) cannot file lawsuits directly. Instead:
- A parent or legal guardian files the claim on the child’s behalf
- Settlements above $15,000 often require court approval
- Funds may be placed in a trust account or managed by the court until the child turns 18
An experienced attorney will help ensure the settlement protects the child’s long-term needs and rights.
Why you need a Georgia personal injury attorney for child injury cases
Cases involving children are high-stakes and emotionally complex. At Hines Law, we:
- Investigate whether the driver, school, or city was negligent
- Work with pediatric medical experts to assess future care needs
- Handle insurance negotiations and legal filings
- Ensure settlement funds are managed legally and ethically
We’ve handled school-zone accidents across Atlanta, Austell, Marietta, Gainesville, Jonesboro, and Dalton, where traffic patterns, bus routes, and construction often place kids at risk.
Georgia Child Pedestrian Accident FAQ
Can I sue if my child was hit outside of a crosswalk?
Yes. Georgia courts understand children may not always use marked crossings—drivers must still exercise caution.
What if the driver wasn’t ticketed?
You can still file a claim. Civil liability doesn’t require a traffic citation or criminal conviction.
Is there a deadline for filing a claim?
Yes—but for minors, the two-year clock usually doesn’t start until age 18. That said, medical bills and parental claims may still be subject to normal deadlines.
Can I get compensation if my child has emotional trauma?
Yes. Mental health care, therapy, and emotional distress can be part of your damages.
What if the at-fault driver was uninsured?
Your own auto policy’s uninsured motorist (UM) coverage may apply, even for pedestrian accidents.
Call Hines Law if Your Child Was Hit While Walking to School
No family should have to face a legal battle alone while a child recovers. Let us help you hold negligent drivers—and other parties—accountable.
Call 404-226-4236 for a free case evaluation. We serve families across Georgia from offices in Atlanta, Austell, Marietta, Gainesville, Jonesboro, and Dalton.