Child Injuries in Car Accidents — Special Rules in California

When a child is injured in a car accident, California law provides important additional protections — and significant additional damages — that differ from adult claims. As a parent, understanding these rules ensures your child's rights are fully protected.

California's Tolled Statute of Limitations for Minors

One of the most important protections for injured children is the tolling (pausing) of the statute of limitations. Under California Code of Civil Procedure § 352, the 2-year personal injury deadline does not begin running until the minor's 18th birthday.

This means a child injured at age 5 has until age 20 to file a lawsuit. A child injured at age 15 has until age 20. This gives families time to fully understand the long-term impacts of the injury before committing to a settlement.

A Parent Can File on the Child's Behalf — But Needs Court Approval

A parent or legal guardian can bring a lawsuit on behalf of an injured minor. However, any settlement of a minor's claim exceeding $5,000 requires approval from a California Superior Court judge under Probate Code § 3500.

This "minor's compromise" process protects children from having their recovery dissipated. The court reviews the settlement to ensure it's fair and reasonable, and typically orders the funds to be held in a blocked account until the child turns 18.

What Damages Are Available for Injured Children?

Economic Damages

• All medical expenses (past and future — especially important for growing children)
• Future medical care costs (surgeries, therapy, specialist visits as the child grows)
• Educational impacts (tutoring, special education costs if the injury affects learning)
• Future lost earning capacity (if the injury will affect the child's ability to work as an adult)

Non-Economic Damages

• Pain and suffering
• Emotional distress and trauma
• Loss of enjoyment of childhood activities (sports, play, social activities)
• Disfigurement (scarring in children is treated very seriously by juries)
• Future pain and suffering through adulthood

Car Seat and Booster Seat Issues

California law requires children to use appropriate car seats and booster seats based on age, height, and weight (Vehicle Code § 27360). If a child was improperly restrained at the time of the accident, the defense may argue comparative negligence — attributing fault to the parent for improper restraint.

However, this does not eliminate the child's claim. Under California's pure comparative negligence system, the child can still recover even if the parent was partly at fault for improper restraint.

Psychological Trauma in Children

Children are particularly vulnerable to psychological injury after car accidents. Post-traumatic stress disorder (PTSD), driving phobia, sleep disturbances, regression in development, and school performance decline are all documented reactions in child accident victims. These psychological injuries are compensable.

A child psychologist or psychiatrist can document these injuries and project treatment costs — strengthening the emotional distress component of the claim significantly.

What Parents Should Do After a Child Is Injured

1. Get your child immediate medical attention — even if they seem uninjured. Children may not communicate their symptoms effectively.
2. Follow up with a pediatrician within 24 hours and report every symptom the child has shown.
3. Document the child's behavioral changes — sleep problems, fear of cars, regression, withdrawal.
4. Preserve all medical records from every provider.
5. Do not accept any settlement without court approval and attorney review — settlements for children require judicial sign-off.
6. Consult a personal injury attorney immediately.